Garman Group, LLC et al v. University Pipeline, Inc. et al

Filing 35

ORDER DENYING re 34 Letter filed by Tom Unger to vacate upcoming CMC set for 11/4/11 at 1:30 PM before Judge Spero. Signed by Judge Joseph C. Spero on 10/31/11. (klhS, COURT STAFF) (Filed on 10/31/2011)

Case3:11-cv-03733-JCS Document34

Filed10/26/11 Page1 of 1

October 26, 2011

Honorable Joseph C. Spero
United States District Court
Northern District of CA – San Francisco Division
450 Golden Gate Avenue
Courtroom G – 15th Floor
San Francisco, CA 94102
Re:

Garman Group, LLC v. University Pipeline, Inc., et al.
Case No. CV 11-03733 JCS

Dear Judge Spero:
In this matter, I represent Defendant Tom Unger and hereby urge the Court to vacate
the upcoming CMC date and related deadlines and hold in lieu thereof an OSC regarding why
the case should not be dismissed for the reasons that follow.
The CMC Order dated July 29, 2011 contains several deadlines, many requiring joint
statements from the parities and meeting and conferring with opposing counsel. Yet, Plaintiff’s
counsel is only admitted to practice in Nevada, as I confirmed with them around October 19,
2011, which became a problem when the matter was transferred around July 29, 2011 to this
Court from the United States District Court (District of Nevada). Therefore, I cannot
communicate with either Plaintiff’s counsel (as they cannot practice before this Court at this
time) or Plaintiff (as he is represented albeit by counsel not admitted to practice before this
Court). By this letter I do not mean to suggest or call into question any conduct of Plaintiff’s
counsel.
Very truly yours,
/s/
Daniel A. Croley

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Dated: 10/31/11

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cc: Eric R. Olsen (via email)

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