Directv, Inc. v. Pham et al

Filing 13

Consent MOTION for Continuance November 23, 2010, Initial Case Management Conference and corresponding deadlines and (Proposed) Order filed by Directv, Inc. (Lonstein, Julie) (Filed on 11/8/2010) Modified on 11/9/2010 (bw, COURT STAFF). Modified on 11/9/2010 (bw, COURT STAFF).

Directv, Inc. v. Pham et al

Doc. 13

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Kari Rawlings-Hoyer, Esq. [SBN 244261] 798 Lighthouse Avenue, Suite 133 Monterey, CA 93940 Tel. [phone] Fax [phone] Email: [e-mail] Local Counsel for Plaintiff, Directv, Inc. Julie Cohen Lonstein, Esq. Lonstein Law Office, P.C. 1 Terrace Hill, P.O. Box 351 Ellenville, NY 12428 Tel. [phone] Fax [phone] Email: [e-mail]

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION -----------------------------------------------------DIRECTV, Inc., a California corporation, Plaintiff, -againstANH THU XUAN PHAM, Individually, and as officer, director, shareholder, and/or principal of ANH THU RESTAURANT, INC., d/b/a ANH THU RESTAURANT, and ANH THU RESTAURANT, INC., d/b/a ANH THU RESTAURANT, Defendants. ------------------------------------------------------------Comes now Plaintiff, DIRECTV, Inc., through counsel, and respectfully moves this Court for a continuance of the November 23, 2010, Initial Case Management Conference, the corresponding case management deadlines and all ADR deadlines, for

CONSENT MOTION FOR CONTINUANCE Civil Action No.5:10-CV-04142-PVT

Dockets.Justia.com

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forty-five (45) days, from November 23, 2010. In support thereof, Plaintiff states as follows: 1. Plaintiff commenced this action on or about September 15, 2010. Plaintiff received the issued Summons from the Court in this matter and

4 5 6 7 8 9 director, shareholder, and/or principal of ANH THU RESTAURANT, INC., d/b/a ANH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court's directive in a timely manner. 7. Plaintiff respectfully requests a continuance of the November 23, 2010, Scott L. Woodall, a request for an Extension of Time to Answer. 5. The parties filed a Stipulation for Extension of Time to Answer on October THU RESTAURANT, and ANH THU RESTAURANT, INC., d/b/a ANH THU RESTAURANT, were served with the Complaint and Summons on October 4, 2010, as set forth in the proofs of service filed on October 26, 2010, ECF Nos. 8 and 9. 4. On or about October 7, 2010, Plaintiff received from Defendant's counsel 2.

forwarded same to process server on or about September 29, 2010, to effect service upon the Defendants. 3. The Defendants ANH THU XUAN PHAM, Individually, and as officer,

26, 2010, via ECF # 10, and the Court approved same, on October 27, 2010, ECF # 11. 6. Pursuant to the Stipulation, the Parties are to confer and submit the

requisite Case Management Report within 14 days of the Defendant's Answer.

Initial Case Management Conference for 45 days, in order for the Defendant's Answer to be filed and to allow the parties to confer. 8. Additionally, Plaintiff requests that the ADR deadlines set forth

in the Court's Order, ECF # 7, be likewise continued, so the parties may comply with the

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Plaintiff has conferred with counsel for the Defendants, Scott Woodall, Esq., who indicated that Defendants consent to Plaintiff's request to Continue the November 23, 2010 Conference. No party would be prejudiced in the granting of the relief requested

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 I HEREBY CERTIFY that, on November 8, 2010, I electronically filed the foregoing with the Clerk of the Court by using the CM/EFC system which will send a notice of electronic filing to the following counsel: Scott L. Woodall, Esq. Law Office of Scott L. Woodall 2340 Santa Rita Rd, Suite 5 Pleasanton, CA 94566 /s/Julie Cohen Lonstein Julie Cohen Lonstein, Esq. herein, as it is in the best interest of all parties. Attached is a proposed order, setting forth the relief requested herein. Respectfully submitted, Dated: November 8, 2010 Ellenville, NY 12428 /s/ Julie Cohen Lonstein Julie Cohen Lonstein, Esq. Lonstein Law Office, P.C. 1 Terrace Hill, P.O. Box 351 Ellenville, NY 12428 Tel. [phone] Fax [phone] Email: [e-mail] /s/ Kari Rawlings-Hoyer Kari Rawlings-Hoyer, Esq. [SBN 244261] 798 Lighthouse Avenue, Suite 133 Monterey, CA 93940 Tel. [phone] Fax [phone] Email: [e-mail] Local Counsel for Plaintiff, Directv, Inc. CERTIFICATE OF SERVICE

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION -----------------------------------------------------DIRECTV, Inc., a California corporation, ORDER Plaintiff, Civil Action No. 5:10-CV-04142-PVT

ANH THU XUAN PHAM, Individually, and as officer, director, shareholder, and/or principal of ANH THU RESTAURANT, INC., d/b/a ANH THU RESTAURANT,

ANH THU RESTAURANT, INC., d/b/a ANH THU RESTAURANT, Defendants. ---------------------------------------------------------

Considering the Motion of Plaintiff, for a continuance of the November 23, 2010, Initial Case Management Conference deadlines set forth in the Court's September 15, 2010, ADR and Scheduling Order, it is hereby: ORDERED that the November 23, 2010, Conference and corresponding deadlines thereof are continued.

SO ORDERED this _______ day of November 2010.

_________________________________ HON. PATRICIA V. TRUMBULL United States District Judge