Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 303

MOTION to Vacate 302 Clerks Notice Re Debtor Examination of Steve Chen filed by Louis Vuitton Malletier, S.A.. (Attachments: # 1 Proposed Order Vacating Debtor Examination of Steve Chen)(Coombs, J.) (Filed on 8/18/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

J. Andrew Coombs (SBN 123881) [e-mail] Annie S. Wang (SBN 243027) [e-mail] J. Andrew Coombs, A Professional Corporation 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Louis Vuitton Malletier, S.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) Louis Vuitton Malletier, S.A., v. Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. C07-03952 JW (HRL) REQUEST TO VACATE DEBTOR EXAMINATION OF STEVE CHEN Date: July 12, 2010 Time: 9:00 a.m. Court: Courtroom 8, 4th Floor

Akanoc Solutions, Inc., et al. Defendants.

PLAINTIFF Louis Vuitton Malletier, S.A. ("Plaintiff"), by and through its counsel of record, J. Andrew Coombs, of J. Andrew Coombs, A P.C., hereby requests that the Debtor Examination of Steve Chen currently set for August 24, 2010, be vacated based on the following: WHEREAS on or about June 28, 2010, Plaintiff filed its Application for Appearance and Examination Re: Enforcement of Judgment of Judgment Debtor (Docket No. 297); WHEREAS on or about June 30, 2010, the Court entered its Order to Appear for Examination Re: Enforcement of Judgment of Judgment Debtor (Docket No. 298) and for the examination to proceed on July 12, 2010, at 9:00 a.m.; WHEREAS on or about July 9, 2010, the Parties filed their Joint Stipulation Re: Continuance of Debtor Examination of Steve Chen (Docket No. 299), requesting a new date for examination on August 23, 2010 at 9:00 a.m.;

Louie Vuitton Malletier, S.A. v. Akanoc Solutions, et al.: Request to Vacate Debtor's Examination

-1-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS on or about July 13, 2010, the Court entered its Order Granting Continuance of Debtor Examination of Steve Chen (Docket No. 301), setting the new date for examination on August 23, 2010, at 9:00 a.m., which was subsequently continued to August 24, 2010, at 9:00 a.m., pursuant to the Court's Order (Docket No. 302); WHEREAS Plaintiff's counsel was informed by Defendant's counsel on August 17, 2010, that Defendant Chen has been and is still out of the country and that he would not be appearing voluntarily for the examination; WHEREAS Plaintiff plans to re-apply for an Appearance and Examination Re: Enforcement of Judgment of Judgment Debtor when there is reason to believe Defendant Steve Chen will be amendable to service of same. NOW, THEREFORE, Plaintiff requests that the Debtor's Examination of Steve Chen in the above captioned matter be vacated in light of Defendant Steve Chen's reported extended absence, without prejudice to Plaintiff to re-apply at a later date. Dated: August 18, 2010 J. Andrew Coombs, A Professional Corp. By: ___/s/ J. Andrew Coombs_________________ J. Andrew Coombs Annie S. Wang Attorneys for Plaintiff Louis Vuitton Malletier, S.A.

Louie Vuitton Malletier, S.A. v. Akanoc Solutions, et al.: Request to Vacate Debtor's Examination

-2-