Mou v. City of San Jose et al

Filing 72

Ex Parte Application re 70 Order Ex Parte Request for Briefing Schedule and Proof of Service filed by City of San Jose. (Burchfiel, Robert) (Filed on 10/6/2010)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Chief Trial Attorney (#93249)
ROBERT BURCHF!EL, Sr. Deputy City Attorney (#112318)
Office of the City Attorney
200 East Santa Clara Street
San Jose, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]

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Attorneys for Defendant, CITY OF SAN JOSE

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UNITED STATES DISTRICT COURT

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NOTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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Plaintiff,

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Case Number: C07-05740 JF

CHIN-LI MOU,

EX PARTE REQUEST FOR
BRIEFING SCHEDULE

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CITY OF SAN JOSE, SAN JOSE PUBLIC
LIBRARY EDUCATION PARK BRANCH,
Defendants.

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SSUE

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At issue in this matter is Ms. Mou’s ability to pay the Cost Judgment in the above

20 matter in the amount of $1,029.90.
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CASE HISTORY

On September 29, 2009, the .Court granted Defendant City’s Motion for Summary

23 Judgment and the Court taxed costs in the amount of $1,029.90. On April 13, 2010, the
24 Court overruled Plaintiff’s objection to the Bill of Costs. Since that time, Plaintiff Mou has
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submitted several documents to the Court which resulting in the Court’s Order of June 8,

26 2010 requesting a response from Defendant City as to Plaintiff Mou’s ability to pay the
27 Cost Judgment and the Court ordered Plaintiff undergo a Debtor’s Examination. As stated
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EX PARTE REQUEST FOR BRIEFING SCHEDULE

Case Number: C07-5740 JF
698605

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in the Court’s prior Order, the Court will "defer its decision on Plaintiff’s Motion for

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Reconsider pending the outcome of the Examination."
II1.

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CURRENT STATUS

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At Ms. Mou’s request and due to her scheduling difficulties, the Debtor’s

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Examination could not take place until September 1, 2010 and the transcript not made

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available for review until September 7, 2010. Defendant City was waiting for the statutory

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thirty (30).day review period for Plaintiff to review her transcript prior to submitting a written

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brief on the above issue. Ms. Mou has apparently communicated to the Court recently still

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seeking relief from the Judgment of Costs.

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Defendant City would suggest a briefing schedule on the issue of Ms. Mou’s status
as indigent and unable to pay the Cost Judgment as follows:

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On or before October 15, 2010 - Defendant City to file and serve Response Brief.

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October 29, 2010 - Plaintiff Mou to file and serve Reply Brief.

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October 29, 2009 - The matter is to be submitted at this time with oral argument

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Respectfully submitted,

17 Dated: October 6, 2010

RICHARD DOYLE, City Attorney

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By:

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rney

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Attorney for Defendant,
CITY OF SAN JOSE

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EX PARTE REQUEST FOR BRIEFING SCHEDULE

Case Number: C07-5740 JF
698605

PROOF OF SERVICE

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CASE NAME:

Mou v. CSJ, et al.

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CASE NO.:

C07-05740 RS

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I, the undersigned declare as follows:
I am a citizen of the United States, over 18 years of age, employed in Santa Clara
County, and not a party to the within action. My business address is 200 East Santa Clara
Street, San Jose, California 95113-1905, and is located in the county where the service
described below occurred.
On October 6, 2010, I caused to be served the within:

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EX PARTE REQUEST FOR BRIEFING SCHEDULE
[] by MAIL, with a copy of this declaration, by depositing them into a sealed envelope,
with postage fully prepaid, and causing the envelope to be deposited for collection
and mailing on the date indicated above.
I further declare that I am readily familiar with the business’ practice for collection
and processing of.correspondence for mailing with the United States Postal
Service. Said correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business.

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by E-MAIL, with a copy of this declaration, by sending tl~em to the e-mail address
listed below.

Addressed as follows:

Ms. Chin-Li Mou
17 4141 Boneso Circle
18 San Jose, CA 95134
Phone Number: [phone]
19 E-Mail: [e-mail]
20 In Propria Persona
I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct. Executed on October 6, 2010, at San Jose, California.
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Cecilia McDaniel

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698605