P.A. v. Federal Bureau of Investigation et al

Filing 8

ORDER CONTINUING CASE MANAGE CONFERENCE re 7 Proposed Order filed by P.A. Signed by Judge Patricia V. Trumbull on November 5, 2010. (pvtlc2, COURT STAFF) (Filed on 11/5/2010)

P.A. v. Federal Bureau of Investigation et al

Doc. 8

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Alex C. Park [SBN 197781] LAW OFFICES OF ALEX C. PARK 4675 Stevens Creek Blvd., Suite 100 Santa Clara, CA 95051 Telephone: [phone] Facsimile: [phone] Email: [e-mail] GEORGE G. BENETATOS [SBN: 54986] LAW OFFICE OF GEORGE G. BENETATOS 244 California Street, Suite 300 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION P.A., on behalf of her children: minor son CDC; minor son JDC; minor daughter ELA; and minor daughter GLA Plaintiffs, vs. FEDERAL BUREAU OF INVESTIGATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE, and DOES 1 TO 50, inclusive Defendants.
PETITION FOR [PROPOSED] ORDER

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Case No. 10:CV-02811 PVT

PETITION FOR [PROPOSED] ORDER XXXXXXXXXXX CONTINUING CASE MANAGEMENT CONFERENCE AND CASE MANAGEMENT STATEMENT

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Dockets.Justia.com

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Petitioner, Plaintiff P.A., through her counsel of record, Alex C. Park and George G. Benetatos, hereby submit this petition and proposed order for continuance of the Case Management Conference, currently scheduled for November 9, 2010, and vacating related deadlines, including the deadline for filing the F.R.C.P. 26(f) Report and Case Management Statement. Plaintiff proposes a new Case Management Conference date of February 15, 2011 and related deadlines to be rescheduled accordingly. This petition for proposed order is for good cause due to the fact that service of this action on defendants was delayed in consideration of related settlement negotiations that Plaintiff was participating in with the defendant, FBI, involving criminal charges brought against Plaintiff that stem from the same facts and events that are the basis of this litigation. The settlement negotiations resulted in entry of a plea agreement in the matter before the United States District Court in Northern District California, San Jose Division, as Case No. CR-08-00328 RMW before The Hon. Judge Whyte. Only after the plea agreement was put on the record was it determined by the defendant that impact of the plea agreement on immigration status was unacceptable. Further negotiations to revise the plea agreement were unsuccessful. Defendant is now in the process of preparing a motion to withdraw plea in the criminal matter. Now that plea and settlement negotiations in the related matter have failed Plaintiff sent the complaint, summons and process papers for service on defendants in this litigation on or about October 29, 2010. No proof of service has yet been received by Plaintiffs and no appearance has been made on behalf of defendants. Respectfully submitted, DATED: November 5, 2010 LAW OFFICES OF ALEX C. PARK By: /s/ Alex Park ALEX PARK Attorney for Plaintiffs

PETITION FOR [PROPOSED] ORDER

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LAW OFFICE OF GEORGE G. BENETATOS DATED: November 5, 2010 By: /s/ George G. Benetatos George G. Benetatos, Attorney for Plaintiffs

ORDER For good cause shown above, The Case Management Conference is continued to February 15, 2011 and all related deadlines are hereby vacated to be rescheduled. IT IS SO ORDERED. DATED:

11/5/2010

HONORABLE PATRICIAL V. TRUMBALL XXXXXXXXX XXXXXXX UNITED STATES DISTRICTXCOURT JUDGE

PETITION FOR [PROPOSED] ORDER

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