United States of America v. McGregor

Filing 15

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 14 Case Management Statement filed by United States of America. Signed by Judge James Larson on 10/28/10. (jlsec, COURT STAFF) (Filed on 10/28/2010)

United States of America v. McGregor

Doc. 15

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MICHAEL COSENTINO, SBN 83253 Attorney at Law P.O. Box 129 Alameda, CA 94501 Telephone: [phone]

4 5 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff submits its updated Case Management Statement as follows. DESCRIPTION OF THE CASE 1. A brief description of the events underlying the action: Student loan totaling approximately $138,090.42 as of September 14, 2010. 2. UPDATE: At the third CMC held September 22, 2010, the defendant agreed to submit to counsel for plaintiff the required financial declaration/statement with the settlement offer that he submitted to counsel for plaintiff prior to the September 22, 2010, CMC. Defendant also stated that he would formalize his retainer agreement with his counsel.
P la in tif f CMC Statem e n t; U.S. v McGregor C 10-01587 M JL

Attorney for the Plaintiff United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) ) ) v. ) ) ) ) ANDREW McGREGOR, ) Defendant. ) ________________________________) Case No. C 10-01587 M (JL) PLAINTIFF'S UPDATED CASE MANAGEMENT STATEMENT WITH CERTIFICATE OF SERVICE BY MAIL ATTACHED Date : November 3, 2010 Time : 10:30 A. M. Place: Magistrate Judge James Larson Courtroom F 450 Golden Gate Avenue San Francisco, CA

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By October 13, 2010, counsel for plaintiff received nothing, nor heard anything, from the defendant or his alleged counsel. On October 13, 2010, counsel for plaintiff mailed a letter to defendant reminding him that his completed financial statement/declaration was due in plaintiff's counsel's office on September 29, 2010. Counsel for plaintiff enclosed a copy of the court's minute order that resulted from the September 22, 2010, CMC. The time of the drafting of this plaintiff's CMC statement is 5:45 P.M., October 26, 2010. To date counsel for plaintiff has received nothing, nor heard anything, from the defendant or from any alleged counsel for the defendant. 3. Based upon the continued failure of defendant to submit to counsel for

plaintiff the financial statement/declaration, the failure of defendant to respond in any manner to counsel for plaintiff's October 13, 2010, letter, and the failure of defendant to cause his alleged counsel to contact counsel for plaintiff, plaintiff requests: (1) that the CMC calendared for November 3, 2010, be dropped from the court's

calendar so that no party be required to appear, and (2) that the parties be given until November 24, 2010, to file a dispositive motion;

Respectively submitted, Dated: October 26, 2010 __ /s/
M. COSENTINO, Counsel for the U.S.

20 The Case Management Conference is continued to December 29, 2010 at 10:30 a.m. 21

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October 28, 2010

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P la in tif f CMC Statem e n t; U.S. v McGregor C 10-01587 M JL

CERTIFICATE OF SERVICE BY MAIL I am a citizen of the United States and a resident of the County of Alameda, I am over the age of eighteen and not a party to the within above-entitled action; my business address is: 1070 Marina Village Parkway, Suite #206, Alameda, CA 94501. On October 26, 2010, I served the PLAINTIFF'S UPDATED CASE MANAGEMENT STATEMENT on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office box at Alameda/Oakland, California addressed as follows: Andrew McGregor 833 Miller Avenue South San Francisco, CA 94080-2432 I certify under penalty of perjury that the foregoing is true and correct. Executed on October 26, 2010, at Alameda, California. /s/ MICHAEL COSENTINO

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