Olivo-vCounty Of Monterey

Filing 20

ORDER 18 to Continue Case Management Conference, Motions terminated: 18 Ex Parte Application re 17 Ex Parte MOTION to Continue Case Management Conference filed by County Of Monterey, 17 Ex Parte MOTION to Continue Case Management Co nference filed by County Of Monterey, 15 MOTION to Shorten Time filed by County Of Monterey. Case Management Conference set for 12/17/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 11/17/10. (jg, COURT STAFF) (Filed on 11/17/2010)

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Olivo-vCounty Of Monterey Doc. 20 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 CHARLES J. McKEE #152458 County Counsel IRVEN L. GRANT #068950 Deputy County Counsel County of Monterey 168 W. Alisal Street, Third Floor Salinas, California 93901-2653 Telephone: (831) 755-5045 Facsimile: (831) 755-5283 Attorneys for Defendant COUNTY OF MONTEREY *E-FILED - 11/17/10* IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) NICK OLIVO, Plaintiff, vs. COUNTY OF MONTEREY, Defendant. CASE NO. CV10-02568 RMW EX PARTE APPLICATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE NOW SET FOR NOVEMBER 19, 2010 Defendant, COUNTY OF MONTEREY, hereby applies to the Court ex parte for an Order continuing the Case Management Conference presently set for November 19, 2010, for at least 90 days or to such date as pleases the Court. The undersigned counsel has attempted to advise Plaintiff that such an ex parte request will be made to this Court, has been unable to reach Plaintiff, but has left telephonic messages in this regard. Defendant has not sought or obtained any previous extensions of time. Such an extension is timely and is necessary to allow additional time to consider Plaintiff's claims, confer with Plaintiff, consider discovery and possible use of the ADR process. As explained in Defendant's Ex Parte motion, Plaintiff did not serve Defendant with the Court's order of September 17, 2010 to continue the then Case Management Conference to November 19, 2010, therefore Defendant was unaware of the setting until it filed the waiver of service of summons on November 15, 2010. 1 Ex Parte Application and Order Continuing Case Management Conference CASE NO. CV10-02568 RMW Dockets.Justia.com 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 Defendant respectfully requests that the Court grant a continuance of until at least February 25, 2011. Dated: November 17, 2010 Respectfully submitted, CHARLES J. McKEE County Counsel By: /s/ Irven L. Grant IRVEN L. GRANT, Deputy County Counsel Attorneys for Defendant COUNTY OF MONTEREY ORDER Having considered Defendant's ex part application to continue the Case Management Conference presently set for November 19, 2010, and finding good cause therefore, IT IS HEREBY ORDERED that the Case Management Conference be continued until December 17, 2010 at 10:30 a.m. 11/17/10 DATED: ____________________ _____________________________________ UNITED STATES DISTRICT JUDGE 2 Ex Parte Application and Order Continuing Case Management Conference CASE NO. CV10-02568 RMW

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