JBR, Inc v. Cafe Don Paco, Inc et al

Filing 39

ORDER GRANTING EX PARTE MOTION TO CONTINUE 37 . Further Case Management Conference set for 12/11/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 9/19/103. (lmh, COURT STAFF) (Filed on 9/19/2013)

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PAUL J. SMOOT, SBN 160787
Law Offices of Paul J. Smoot
1720 S. Amphlett Blvd., Suite 104
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff, JBR, Inc.
dba ROGERS FAMILY COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JBR, INC., a California corporation, doing
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business as ROGERS FAMILY COMPANY; )
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Plaintiff, )
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v.
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CAFÉ DON PACO, INC.; ALVARO
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MONTEALGRE, aka ALVARO E.
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MONTEALEGRE RIVAS; ROBERTO
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BENDAÑA, aka ROBERTO BENDAÑA
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McEWAN,
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Defendants. )
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Case No. 3:12-CV-02377-NC
EX PARTE MOTION FOR
ADMINISTRATIVE RELIEF TO
CONTINUE THE CASE MANAGEMENT
CONFERENCE AND THE DUE DATE FOR
THE CMC STATEMENT; ORDER
THEREON

Dept:

Courtroom A, 15th Floor
San Francisco
Filed:
May 10, 2012
Default:
July 11, 2013
Hon. N. M. Cousins, presiding

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EX PARTE MOTION FOR RELIEF
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1.

Pursuant to Civil L.R. 7, Fed. R. Civ. P. 16(d), Plaintiff JBR, INC., a California corporation,

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doing business as ROGERS FAMILY COMPANY, move this court, ex parte, for an order
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continuing the present Further Case Management Conference scheduled for September 25,
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2013, at 2:00 p.m. to Wednesday, December 11, 2013.
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2.

On July 11, 2013, default was entered against defendants (1) Café Don Paco, Inc., (2) Alvaro

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Montealgre, aka Alvaro E. Montealegre Rivas, and (3) Roberto Bendaña, aka Roberto
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Bendaña McEwan. Subsequent to the entry of the default, defendant Bendana initiated
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EX PARTE MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND THE DUE DATE FOR THE CMC STATEMENT; ORDER THEREON
Case No. 3:12-CV-02377-NC

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contact with plaintiff and plaintiff’s counsel in an effort to reach resolution. As plaintiff

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understands it, defendant Bendana has offered to come from Nicaragua to meet with plaintiff

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in California in an effort rebuild the lost standing relationship and reach a financial

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resolution. Defendant Bendana stated on August 14, 2013, that if a resolution could be

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achieved he would be able to secure financing to pay the debt owed. In light of the

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circumstances, plaintiff requests the Further Case Management Conference be continued to

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provide the parties an opportunity to attempt a resolution. In the event no resolution is

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achieved plaintiff would file its Motion for Default Judgment no later than October 30, 2013.

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3.

Plaintiff has only heard from defendant Bendana regarding resolution.

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4.

Plaintiff proposes the following schedule:

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a.

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on or before October 30, 2013;

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b.

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In the event of a Motion for Default Judgment, the Default Judgment would be
scheduled for December 4, 2013, i.e., 35 days after filing on October 30, 2013; and

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c.

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Plaintiff to file notice of settlement, or, alternatively, Motion for Default Judgment

The Further Case Management Conference be scheduled for Wednesday, December
11, 2013, and the Further Case Management Statement due on December 4, 2013.

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Plaintiff JBR, INC., a California corporation, doing business as ROGERS FAMILY

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COMPANY, move this court, ex parte, for an order continuing the present Further Case

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Management Conference scheduled for September 25, 2013, at 2:00 p.m. to Wednesday,

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December 11, 2013.

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Executed this 18th day of September, 2013, at San Mateo , California

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Respectfully submitted,

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Law Office of Paul J. Smoot

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Paul J. Smoot

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Paul J. Smoot
Attorneys for Plaintiff JBR, Inc.

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1720 S. Amphlett Blvd., Suite 104
San Mateo, California 94402
[e-mail]
Telephone [phone]

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EX PARTE MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND THE DUE DATE FOR THE CMC STATEMENT; ORDER THEREON
Case No. 3:12-CV-02377-NC

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ORDER

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Good cause appearing, the court grants plaintiff JBR, INC.’s ex parte motion for an order

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continuing the present Further Case Management Conference scheduled for September 25, 2013,

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at 2:00 p.m. and makes the following orders:

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1.

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2:00 p.m. is continued to Wednesday, December 11, 2013, at 10:00 a.m.;
2.

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The present Further Case Management Conference scheduled for September 25, 2013, at

Plaintiff JBR, INC. shall file a notice of settlement, or, alternatively, Motion for Default
Judgment on or before October 30, 2013;

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In the event of a Motion for Default Judgment is filed, the hearing on the Default

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Judgment shall be scheduled 35 days after filing, but in no event later than December 4,

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2013.

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Judge Na

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. Cousins

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Magistrate Judge N. Cousins

Date:______________
September 19, 2013

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EX PARTE MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE THE CASE MANAGEMENT CONFERENCE
AND THE DUE DATE FOR THE CMC STATEMENT; ORDER THEREON
Case No. 3:12-CV-02377-NC