Crosthwaite et al v. Aposhian Excavating Company, Inc.

Filing 35

ORDER Granting 34 MOTION to Vacate Case Management Conference; or in the alternative, Request to Continue Case Management Conference. Case Management Statement due by 3/17/2014. Case Management Conference set for 3/24/2014 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/06/2014. (tmi, COURT STAFF) (Filed on 1/7/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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10 F.G. CROSTHWAITE, et al.,
Plaintiffs,

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Case No.: C13-0363 TEH
REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE;

v.

13 APOSHIAN EXCAVATING COMPANY,
INC., a Utah Corporation,
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Defendant.
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or in the alternative, REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE;
DECLARATION OF SHIVANI NANDA IN
SUPPORT THEREOF
Date:
Time:
Location:

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Courtroom:
Judge:

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January 13, 2014
1:30 p.m.
450 Golden Gate Ave.
San Francisco
12, 19th Floor,
Honorable Thelton E. Henderson

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Plaintiffs respectfully request that the Case Management Conference scheduled for

21 January 13, 2014, be vacated, as follows::
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1.

As the Court’s records will reflect, this action was filed on January 25, 2013.

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2.

Service on Defendant was completed on October 4, 2013, and a Proof of Service of

24 Summons was filed with the Court on October 18, 2013 (Dkt. #26).
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3.

The Court continued the previous Case Management Conference, set for October

26 28, 2013, to allow time for Defendant to respond to the lawsuit.
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4.

On November 5, 2013, the Court entered Defendant’s default (Dkt. #32). Plaintiffs

28 served a copy of the Court’s notice of default entry on Defendant and filed a Proof of Service with
-1REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C13-0363 TEH
P:\CLIENTS\OE3CL\Aposhian Excavating\Pleadings\C13-363 TEH - Request to Vacate CMC 010314.doc

1 the Court on November 6, 2013 (Dkt. #33).
5.

2

The parties have been in contact on numerous occasions to discuss resolution of

3 this action. At Defendant’s request, Plaintiffs prepared and sent Defendant a revised proposed
4 Judgment Pursuant to Stipulation (“Stipulation”) providing for a monthly payment plan to allow
5 Defendant to bring his account current. However, Defendant has not signed the Stipulation to date.
6.

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Plaintiffs have substantially drafted a Motion for Default Judgment and expect to

7 have the complete Motion filed with the Court within ten (10) days. Plaintiffs will be noticing the
8 Motion for hearing on February 17, 2013, or as soon thereafter as counsel may be heard.
7.

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There is nothing for the Court to consider at this time.

Therefore, Plaintiffs

10 respectfully request that the Court vacate the Case Management Conference, or in the alternative,
11 continue the Case Management Conference to coincide with the date of the Motion for Default
12 Judgment hearing.
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-2REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C13-0363 TEH
P:\CLIENTS\OE3CL\Aposhian Excavating\Pleadings\C13-363 TEH - Request to Vacate CMC 010314.doc

1

8.

Plaintiffs recognize that a case management conference statement is due seven days

2 in advance of the case management conference date and that the statement must include all
3 elements requested in the “Standing Order for All Judges of the Northern District of California –
4 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
5 require Plaintiffs to file a case management conference statement, Plaintiffs will do so promptly.
6

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

7 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 3rd day of January 2014, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Shivani Nanda
Attorneys for Plaintiffs

13 IT IS SO ORDERED.
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[ ] The Case Management Conference in this action is hereby vacated.

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[ X] The Case Management Conference in this action is hereby continued to __________,
March 24

16 2014. All related deadlines are extended accordingly.
01/06/2014
17 Date: ____________________
18

_________________________________________
HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT JUDGE

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-3REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C13-0363 TEH
P:\CLIENTS\OE3CL\Aposhian Excavating\Pleadings\C13-363 TEH - Request to Vacate CMC 010314.doc