Burns et al v. Meridian Associates, Inc.

Filing 34

ORDER GRANTING Plaintiffs' Request to Continue Hearing 33 . Plaintiffs' Motion for Default Judgment 33 set for 6/4/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/9/14. (lmh, COURT STAFF) (Filed on 5/9/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
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

9 RUSSELL E. BURNS, et al.,
Plaintiffs,

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v.
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MERIDIAN ASSOCIATES, INC., a California
12 Corporation,
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Defendant.

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Case No.: C13-4298 PJH (NC)
PLAINTIFFS’ REQUEST TO
CONTINUE HEARING ON MOTION
FOR DEFAULT JUDGMENT; and
[PROPOSED] ORDER THEREON
Date: May 14, 2014
Time: 1:00 p.m.
Ctrm: A, 15th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Magistrate Judge
Nathanael M. Cousins

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Plaintiffs respectfully request that the hearing on their Motion for Default Judgment,
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currently scheduled for May 14, 2014, be continued for approximately twenty (20) days to June 4,
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2014. Good cause exists to continue the hearing as follows:
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1.

Plaintiffs and Defendant recently reached an informal resolution of this matter.

2.

Defendant informed Plaintiffs that its settlement payment had been mailed to

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Plaintiffs the evening of May 5, 2014.
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3.

Plaintiffs received Defendant’s settlement payment at the close of business on

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Thursday, May 8, 2014.
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4.

Upon confirmation of bank clearance of Defendant’s payment, which typically

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takes approximately two (2) weeks from the date of deposit, Plaintiffs intend on filing a voluntary
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dismissal of this action.
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-1PLAINTIFFS’ REQUEST TO CONTINUE HEARING ON MOTION FOR DEFAULT JUDGMENT
Case No.: C13-4298 PJH (NC)
P:\CLIENTS\OE3CL\Meridian Associates\Pleadings\Request to Continue MDJ Hearing 5-9-14.docx

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5.

Therefore, Plaintiffs respectfully request that the Court continue the hearing on

2 their Motion for Default Judgment, currently on calendar for May 14, 2014, for approximately
3 twenty (20) days to June 4, 2014.
4 Dated: May 9, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Erica J. Russell
Attorneys for Plaintiffs

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8 IT IS SO ORDERED.

UNIT
ED

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GRAN

NO

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.
hanael M
udge Nat
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ER

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A

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RT

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Cousins

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_________________________________________
S DISTRICT
THE HONORABLE MAGISTRATE JUDGE
TE
C
TA
NATHANAEL M. COUSINS
UNITED STATES DISTRICT COURT
.

S

May 9, 2014
11 Date: ____________________

R NIA

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Based on the foregoing, and good cause appearing, the currently set hearing on Plaintiffs’
June 4, 2014 at 1:00
Motion for Default Judgment is hereby continued to _______________. p.m.

FO

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N

D IS T IC T
R

OF

C

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-2PLAINTIFFS’ REQUEST TO CONTINUE HEARING ON MOTION FOR DEFAULT JUDGMENT
Case No.: C13-4298 PJH (NC)
P:\CLIENTS\OE3CL\Meridian Associates\Pleadings\Request to Continue MDJ Hearing 5-9-14.docx

PROOF OF SERVICE

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2 I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

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4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
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On May 9, 2014, I served the following document(s) on the parties to this action in the

7 manner described below:
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PLAINTIFFS’ REQUEST TO CONTINUE HEARING ON MOTION FOR DEFAULT
JUDGMENT; and [PROPOSED] ORDER THEREON

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XX
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MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses as specified below, in a
sealed envelope fully prepared.

12 To:
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Meridian Associates, Inc.
1470 Enea Circle, Suite 1750
Concord, CA 94104
Meridian Associates, Inc.
c/o Thomas Joseph Bomben, Agent for Service of Process
1530 Eastwoodbury Lane
Martinez, CA 94553

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I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on this 9th day of May, 2014, at San Francisco, California.

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/S/
Alicia Rutkowski

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-3PLAINTIFFS’ REQUEST TO CONTINUE HEARING ON MOTION FOR DEFAULT JUDGMENT
Case No.: C13-4298 PJH (NC)
P:\CLIENTS\OE3CL\Meridian Associates\Pleadings\Request to Continue MDJ Hearing 5-9-14.docx