Fremont Bank v. Signorelli et al

Filing 24

ORDER by Judge Haywood S. Gilliam, Jr. Granting 19 Motion for Extension of Time to File Response/Reply re 13 MOTION for Right to Attach Order, Issuance of Writ of Attachment, and Temporary Protective Order Against Defendants Robert J. Signorelli, Kathryn R. Signorelli, Signorelli Family Living Trust, and Signorelli Family, L.P. : Responses due by 10/22/2018 and Replies due by 10/29/2018. (ndrS, COURT STAFF) (Filed on 10/1/2018)

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KIRSCHENBAUM LAW, PC
JEFFREY B. KIRSCHENBAUM (SBN: 152290)
KRISTIN L. WILLIAMS (SBN: 312902)
328 15th Street
Oakland, CA 94612
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
Fremont Bank, a California state
chartered bank

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IN THE UNITED STATES DISTRICT COURT, ·

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NORTHERN DISTRICT OF CALIFORNIA

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FREMONT BANK, a California state
chartered bank,

CASE NO. l 8-cv-04808-HSG

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Plaintiff,
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v.

PLAINTIFF'S MOTION TO MODIFY
BRIEFING SCHEDULE FOR MOTION
FOR RIGHT TO ATTACH ORDER.

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ROBERT J. SIGNORELLI, individually and
as Trustee of the SIGNORELLI FAMILY
LIVING TRUST, dated April 8, 1994,
amended February 28, 2001, November 22,
2005, and January 5, 2015; KATHRYN R.
SIGNORELLI, Trustee of the SIGNORELLI
FAMILY LIVING TRUST dated April 8,
1994, amended February 28, 2001,
November 22, 2005, and January 5, 2015;
and SIGNORELLI FAMILY, L.P., a Texas
limited partnership,

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Defendants.
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FREMONT BANK'S MOTION To MODIFY BRIEFING SCHEDULE FOR MOTION FOR RIGHT To ATTACH ORDER.

Plaintiff FREMONT BANK, a California state-chartered bank ("Plaintiff'), by and
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through its attorneys of record, states as follows:
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On August 31, 2018, Plaintiff filed a Motion for Right to Attach Order (the

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"Motion") against Defendants Robert J. Signorelli, the Signorelli Family Trust, and the

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Signorelli Family, L.P. (collectively the "Defendants").

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The hearing on the Motion is set for December 13, 2018.

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3.

On September 13, 2018, the Court established a briefing schedule on the Motion

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as follows: Defendants' Responses to be filed by September 14, 2018; Plaintiffs reply to be

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filed by September 21, 2018.

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Despite diligent efforts, Plaintiff was unable to serve the Defendants until

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September 20, 2018, after the Responses to the motion were due. Due to the difficulties serving

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Defendants, the parties require additional time to prepare and file their replies in this case.

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By this Motion, Plaintiff respectfully moves for a modification of the briefing

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schedules that would result in extending the time periods for the filing of briefs for Plaintiff and

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Defendants. Plaintiff requests that the briefing schedule be modified as follows:

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Defendants' Responses:

October 22, 2018

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Plaintifrs Replies:

October 29, 2018

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6.

the briefing schedule will not disrupt the Court·s consideration of this case.

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The date for oral argument is December 13, 2018, so the proposed modification in

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This motion is not brought for purposes of delay, but rather due to an inability to

serve Defendants. Plaintiff does not anticipate requiring additional extensions.

WHEREFORE, Plaintiff Fremont Bank respectfully prays that the Court enter an order

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modifying the briefing schedule as set forth above.

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FREMONT BANK'S MOTION To MODIFY BRIEFING SCHEDULE FOR MOTION FOR RIGHT To ATTACH ORDER.

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DATED: September 28, 2018

KIRSCHENBAUM LAW, PC

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By:

~LIAMS
Attorneys for Plaintiff
Fremont Bank

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FREMONT BANK'S MOTION To MODIFY BRIEFING SCHEDULE FOR MOTION FOR RIGHT To ATTACH ORDER.

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GOOD CAUSE APPEARING,

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1.

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Defendants Responses to Plaintiffs Motion for Right to Attach Order shall be

due by October 22, 2018; and
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Plaintiff Fremont Bank's Reply in Support of its Motion for Right to Attach

Order shall be due by October 29, 2018.

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IT IS SO ORDERED.

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Dated: 10/1/2018

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UNITED STATES DISTRICT JUDGE

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FREMONT BANK'S MOTION To MODIFY BRIEFING SCHEDULE FOR MOTION FOR RIGHT To ATTACH ORDER.