Pestalozzi v. Patek Philippe S.A. et al

Filing 15

ORDER RESETTING CMC re 14 Case Management Statement filed by Raymond Pestalozzi. Signed by Judge Edward M. Chen on 9/14/11. (bpf, COURT STAFF) (Filed on 9/14/2011)

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JAMES M. BARRETT,ESQ. SBN 190274
LAW OFFICE OF JAMES M. BARRETT PLC
789 CASTRO STREET
MOUNTAIN VIEW, CA94041
PH. 650-969-3687
FX 650;.969-3699

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Attorney for Claimant Raymond Pestalozzi

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND PESTALOZZI, an Individual
DBA THINK SECURE LABS

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Plaintiff,

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v.

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PATEK PHILIPPE S. A., THIERRY
STERN, an Individual.

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Case No: CVI01558

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REQUEST FOR CONTINUANCE OF
) CASE MANAGEMENT CONFERENCE
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Defendants.

SET FOR SEPTEMBER 19, 2011

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(Proposed) ORDER.
Honorable Magistrate Judge Chen

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TO ALL PARTIES AND THEIR ATTORNEYS, Plaintiff Raymond Pestalozzi

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Requests that the Case Management Conference set for September 19,2011 be continued for the

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following reasons; .

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1.

Defendants PatekPhilippe S.A and Thierry Stem have no legal presence in the

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United States of America but reside, operate and are incorporated in the Country

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of Switzerland on the Continent of Europe.

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2.

Service of Process must be made through The Hague Service Convention.

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3.

All documents are to be translated into French for service in the native language.

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4.

The Law Offices of James M.Barrett PLC are utilizing the services of Crowe

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Foreign Services of Portland, Oregon for service of the defendants.

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Crowe Foreign Services are recognized as a foreign service organization.

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Pestallozzi v. Patek
Request for Case Management Continuance

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Crowe Foreign Services has provided sufficient infonnation that the service ofthe

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complaint and associated documents will take a minimum of three months from

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date of submission to serve of the Defendants.

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Plaintiff Pestalozzi has been hampered with medical conditions including a stroke

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and additionally has been on a respirator and heart control pump which has

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prevented his ability to prepare all pleadings' translation for the service of

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process.

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submission had a severe relapse causing his inability to participate in this matter.

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PlaintiffPestalozzi has been recovering and following the last case management

Plaintiff apologizes to the Court for any delay, but does intend to participate in
this matter at his earliest possible ability.

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That Plaintiff hereby requests that the Case Management Conference be continued

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for a period of six months to insure service or process and a proper response from

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Defendants .

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. . This continuance is hereby requested based on the above infonnationand judicial

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efficiency is best served by this continuance.

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Dated: September 12,2011

Respectfully submitted,

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regarding the requirements for service of process of the complaint it is the Order of this Court
that the CaseManagement Conference set for September 19, 2011 is hereby continued to
3/30/12 at 9:00 a.m. A joint CMC Statement shall be filed by 3/23/12.
_--'-_ _ _~_ _2011.

UNIT
ED

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IT IS SO ORDERED.
9/14/11
DATED:~_ _ _ _ _ _ __
District

S DISTRICT
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S

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Magistrate Judge Edward M. Chen RED
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States O OR
Judge of the United T IS SDistrict Court
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Pestallolzi v. Patek

Request for Case Management Continuance.

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DIFIE

AS MO

hen

rd M. C

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dwa
Judge E

IA

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.. Having reviewed the Request for Continuance from Plaintiff, including the statements

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