Karwash et al v. ExxonMobil Oil Corporation

Filing 4

ORDER CONTINUING CMC AND RELATED DEADLINES re 3 Proposed Order filed by Rosamaria Karwash, Mohammed Karwash. Signed by Judge Maria-Elena James on 1/6/2010. (mejlc1, COURT STAFF) (Filed on 1/6/2010)

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Wendel, Rosen, Black & Dean LLP

Catherine W. Johnson (Bar No. 135070) William C. Acevedo (Bar No. 194106) WENDEL, ROSEN, BLACK & DEAN LLP 1111 Broadway, 24th Floor Oakland, California 94607 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiffs Mohammed Karwash and Rosamaria Karwash, individuals UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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1111 Broadway, 24th Floor

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Oakland, CA 94607

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MOHAMMED KARWASH and ROSAMARIA KARWASH, individuals, Plaintiffs, vs. EXXON MOBIL CORPORATION, a New Jersey corporation, and DOES 1 through 5, inclusive, Defendants.

Case No. C09-04847 MEJ REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

016097.0001\1407672.1

REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER, CASE NO. C09-04847

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Wendel, Rosen, Black & Dean LLP

Plaintiffs Mohammed Karwash and Rosamaria Karwash, hereby respectfully request that the Court continue the case management conference, presently set for January 21, 2010, at 10:00 a.m., to a date after March 22, 2010, which is reasonably calculated to allow Plaintiffs time to serve the Complaint for Damages and Declaratory Relief on Defendant Exxon Mobil Corporation ("Exxon Mobil"). The continuance of the case management conference will also continue all the ADR deadlines previously scheduled and filed by the court on October 13, 2009. Prior to the filing of this action, Plaintiffs' counsel engaged in extensive settlement discussions with counsel for Exxon Mobil. Plaintiffs are informed and believe, based upon subsequent discussions with Exxon Mobil's local counsel after the filing of this action, that said counsel is not authorized to accept service of the Complaint on behalf of Exxon Mobil. At this time, service is being attempted upon Exxon Mobil, a New Jersey corporation, through its registered agent for service of process. Accordingly, no defendant has appeared in this action. Therefore, Plaintiffs are unable to meaningfully prepare this matter for the January 21, 2010 case management conference, and to avoid unnecessarily consuming the time and resources of this Court, request a continuance of the currently scheduled case management conference and all associated ADR deadlines. Dated: December 31, 2009 WENDEL, ROSEN, BLACK & DEAN LLP

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1111 Broadway, 24th Floor

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Oakland, CA 94607

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By: /s/ William C. Acevedo William C. Acevedo Attorneys for Plaintiffs Mohammed Karwash and Rosamaria Karwash, individuals

ORDER Upon good cause appearing, IT IS HEREBY ORDERED THAT: The initial case management conference shall be continued from January 21, 2010 to April 1 10:00 a.m. on _______________, 2010 in Courtroom B of this Court. The meet and confer deadline regarding initial disclosures, early settlement, ADR process selection, and discovery

016097.0001\1407672.1

REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER, CASE NO. C09-04847

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Wendel, Rosen, Black & Dean LLP

plan shall be continued from December 31, 2009 to ________________, 2010. The deadline for filing of the Rule 26(f) Report and initial Case Management Statement shall be continued from January 14, 2010 to ________________, 2010. All deadlines shall be adjusted accordingly. Dated: January 6, 2010

By: The Honorable Maria-Elena James Judge of the United States District Court Northern District of California

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1111 Broadway, 24th Floor

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Oakland, CA 94607

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016097.0001\1407672.1

REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER, CASE NO. C09-04847

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