Central Garden & Pet Company v. Carlson Morgan, LLC

Filing 15

ORDER GRANTING 14 Motion to Continue Case management Conference and Related Dates. Motion for Default Judgment due by 6/1/2015. Signed by Judge Jeffrey S. White on May 1, 2015. (jswlc3, COURT STAFF) (Filed on 5/1/2015)

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PAUL W. REIDL (State Bar No. 155221)
Law Office of Paul W. Reidl
Second Floor
241 Eagle Trace Drive
Half Moon Bay, CA 94019
[phone]
[e-mail]

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Attorney for Central Garden & Pet Company

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CENTRAL GARDEN & PET
COMPANY,
a Delaware Corporation

Case No. 4:15-cv-00609-JSW

Plaintiff,
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v.
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CARLSON MORGAN, LLC,
a California Limited Liability Company,

MOTION FOR ADMINISTRATIVE RELIEF TO
CONTINUE THE INITIAL CASE
MANAGEMENT CONFERENCE AND RELATED
DATES; DECLARATION OF PAUL W. REIDL IN
SUPPORT THEREOF [Local Rules 6-3, 7-11]
AND ORDER THEREON

Defendant.

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Pursuant to Local Rules 6-3 and 7-11, Plaintiff hereby moves the Court to continue the Case
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Management Conference and the scheduled dates indefinitely. The Clerk has entered a default against
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Defendant. Plaintiff anticipates filing a motion for default judgment within the next thirty (30 days).
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Since Defendant has not defended the case, a Case Management Plan and Conference is unnecessary.
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For these reasons and as set forth in the following Declaration, Plaintiff respectfully requests that the
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motion be granted and the deadlines be continued indefinitely.
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MOTION TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

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Case No. 4:14-cv-00609-JSW

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Respectfully submitted,

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LAW OFFICE OF PAUL W. REIDL

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By:

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Paul W. Reidl (CA Bar No. 155221)
LAW OFFICE OF PAUL W. REIDL
Second Floor
241 Eagle Trace Drive
Half Moon Bay, CA 94019
[phone]
[e-mail]

Dated: April 28, 2015

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DECLARATION OF PAUL W. REIDL

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1.

I am an attorney at law duly admitted to practice before this Court. I represent the

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Plaintiff, Central Garden & Pet Company in this action. I have personal knowledge of the matters

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testified to herein.

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2.

The Defendant is a sole proprietership in Modesto, California. Service was delayed

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because he was never available at his business address. Shortly after Defendant was served, its

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principal called the undersigned and said that he would not be defending the case because he could

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not afford counsel. Subsequent e-mails and telephone calls to Defendant’s principal have not been

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returned.

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3.

The reason for continuing the dates is that Defendant is in default and Plaintiff intends

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to file a motion for default judgment. Under these circumstances, there is no need to prepare and hold

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a hearing on a Case Management Plan.

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MOTION TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

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Case No. 4:14-cv-00609-JSW

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Defendant has defaulted and has not returned telephone calls or e-mails. Since no one

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has appeared on Defendant’s behalf, there is no counsel of record from whom Defendant can obtain

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a stipulation to a continuance.

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5.

The substantial harm and prejudice to going through the Case Management process is

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that it would be attorney and Court time spent engaging in a process that ultimately would be moot.

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The time would be better spent preparing the default motion and related papers.

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6.

There have been no previous modifications to the schedule in the case.

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7.

Ultimately, the requested time modification will have no effect on the schedule for the

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case because the case is likely to be decided on Plaintiff’s motion for default judgment.

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I declare under penalty of perjury under the laws of the state of California that the foregoing
is true and correct.

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Executed this 28th day of April 2015 in Half Moon Bay, California.

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/s/ Paul W. Reidl

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MOTION TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

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Case No. 4:14-cv-00609-JSW

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[PROPOSED] ORDER

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Based on the foregoing memorandum supporting declaration, and good cause being shown,

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IT IS HEREBY ORDERED that the Initial Case Management Conference scheduled for 11:00 AM

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on May 8, 2015 and the other deadlines set forth in the Court’s February 10, 2015 Order Setting

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Initial Case Management Conference and ADR Deadlines are continued indefinitely. Plaintiff shall

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file a motion for default judgment within thirty (30 days) of the date of this Order.

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May 1, 2015
Dated: ________________________

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_____________________________________
Jeffrey S. White
United States District Court Judge

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MOTION TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

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Case No. 4:14-cv-00609-JSW