Yue v. Storage Technology Corporation et al

Filing 178

ORDER SETTING JUDGMENT DEBTOR EXAMINATION. The Court orders Plaintiff and Plaintiffs counsel to appear for a Judgment Debtor Examination. Plaintiffshall personally appear for this Examination and take the proper oath before the Court. Judgment Debtor Exam set for 2/9/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 12/15/2008. (ecg, COURT STAFF) (Filed on 12/15/2008)

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1 2 3 4 5 6 7 8 9 10 Dongxiao Yue, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-05850 JW ORDER SETTING JUDGMENT DEBTOR EXAMINATION United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Storage Technology Corp, et al., Defendants. / On December 15, 2008, the Court held a hearing on an Order to Show Cause Re: Contempt in regard to Plaintiff's failure to appear for a Judgment Debtor Examination on December 8, 2008. (See Docket Item No. 171.) Counsel for the respective parties were present, as was Plaintiff. In light of Plaintiff's declaration that he was not properly served, the Court finds good cause to excuse Plaintiff's failure to appear at the December 8, 2008 judgment debtor examination. Further, based on Plaintiff's counsel's representation that a mediation session in a parallel case may resolve the judgment of this case, the Court grants a short delay in setting a new examination date. Accordingly, the Court orders Plaintiff and Plaintiff's counsel to appear for a Judgment Debtor Examination on February 9, 2009 at 9:00 a.m. Unless otherwise stipulated by the parties, Plaintiff shall personally appear for this Examination and take the proper oath before the Court. Dated: December 15, 2008 JAMES WARE United States District Judge 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Antonio Luis Cortes corteslaw@comcast.net Jedediah Wakefield jwakefield@fenwick.com Kenneth T. Law klaw@bbslaw.com Laurence F. Pulgram lpulgram@fenwick.com Liwen Arius Mah lmah@fenwick.com Dated: December 15, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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