Pon v. Peir 1 Imports, Inc.

Filing 20

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 19 MOTION to Continue The Initial Case Managment Conference And Association Deadlines filed by Pier 1 Imports, Inc. Signed by Judge Phyllis J. Hamilton on 6/30/09. (nah, COURT STAFF) (Filed on 6/30/2009) Modified on 3/15/2010 (kk, COURT STAFF).

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DIRK M. SCHENKKAN (No. 72533) Email: [e-mail] D'LONRA C. ELLIS (No. 239623) Email: [e-mail] HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: [phone] Facsimile: 415/217-5910 RUSSELL D. CAWYER (Pro Hac Vice) SHANNON R. WALLER (Pro Hac Vice) KELLY, HART & HALLMAN, P.C. 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Telephone: [phone] Facsimile: 817/878-9280 Attorneys for Defendant PIER 1 IMPORTS (U.S.), INC., erroneously sued herein as PIER 1 IMPORTS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TIFFANY PON, Plaintiff, v. PIER 1 IMPORTS, INC., a foreign corporation, Defendant.

No. CV 09-0420 PJH Action Filed: January 29, 2009 DEFENDANT'S REQUEST TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES Judge: Trial Date: Hon. Phyllis J. Hamilton None set

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REQUEST TO CONTINUE THE INITIAL CMC CV 09-0420 PJH

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Pursuant to Local Rule 16-2(d), Defendant Pier 1 Imports (U.S.), Inc. ("Defendant") requests that the Court continue the Initial Case Management Conference and associated deadlines for a period of 60 days. The Clerk's Notice dated April 21, 2009 (the "Notice") set the Initial Case Management Conference for July 2, 2009, at 2:30 p.m., and required the parties to file the joint case management conference statement by June 25, 2009. The Notice also effectively continued the deadlines for the parties to meet and confer regarding initial disclosures, early settlement, ADR process selection, and a discovery plan, and to file Rule 26(f) Reports and complete initial disclosures. See Order Setting Initial Case Management Conference and ADR Deadlines, dated January 29, 2009 ("If the Initial Case Management Conference is continued, the other deadlines are continued accordingly.") On May 13, 2009, M. Van Smith, counsel for Plaintiff, filed a motion to withdraw as counsel on the ground that he has a medical condition that prevents him from representing the plaintiff. Defendant filed a statement of non-opposition on June 9, 2009. The Court issued an order on June 12, 2009, which found good cause for Mr. Smith's withdrawal, but declined to grant the motion until Plaintiff consented to the withdrawal and informed the Court whether she intended to proceed in pro per or to substitute new counsel. The Court vacated the hearing date on the motion to withdraw as well. So far as Defendant is aware, Plaintiff has not yet consented to Mr. Smith's withdrawal or indicated how she intends to proceed with this matter. On June 26, 2009, we attempted to contact Plaintiff's counsel by telephone regarding the status of these matters. Mr. Smith returned the call on the weekend and left a message agreeing to a continuance of the case management conference. An accurate transcription of Mr. Smith's voicemail is attached hereto as Exhibit A. In light of the uncertainties in this regard, Defendant requests that the Case Management Conference and all of the associated deadlines be continued for a period of 60 days to permit the issue regarding the withdrawal of Plaintiff's counsel to be resolved. We are aware of no prejudice that would inure to either side from this and believe it to be in the
REQUEST TO CONTINUE THE INITIAL CMC CV 09-0420 PJH

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interests of justice.

June 29, 2009.

Respectfully, HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation KELLY, HART & HALLMAN, P.C. By: /s/ Dirk M. Schenkkan DIRK M. SCHENKKAN

Attorneys for Defendant PIER 1 IMPORTS (U.S.), INC., erroneously sued herein as PIER 1 IMPORTS, INC.

CASE MANAGEMENT CONFERENCE CONTINUED TO 9/3/09 AT 2:30 P.M.

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