Equal Employment Opportunity Commission v. Robert Morgan Enterprises

Filing 55

ORDER CONTINUING DEBTOR'S EXAMINATION re 54 Ex Parte Application. Judgment Debtor Exam set for 9/24/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Chief Judge James Ware on July 18, 2012. (wsn, COURT STAFF) (Filed on 7/18/2012)

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ATTORNEY FOR DEFENDANT
ROBERT MORGAN ENTERPRISES

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DERED

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UNIT
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STEVEN A. CLAIR, ESQ., CSB #111450
LAW OFFICES OF STEVEN A. CLAIR
2155 WEST MARCH LANE, SUITE 1-C
STOCKTON, CALIFORNIA 95207-6420
TELEPHONE:
[phone]
FACSIMILE:
[phone]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,

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EX PARTE APPLICATION FOR ORDER
CONTINUING DEBTOR’S
EXAMINATION

v.
ROBERT MORGAN ENT.,

Honorable James Ware
Courtroom 9, 19th Floor

Defendant.

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Case No. C-10-04757 JW

1.

On or about June 10-15, 2012, the parties entered into a Stipulation to change the

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date of a debtor’s examination in the above referenced matter to August 13, 2012. A true copy of

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the Stipulation entered into between the parties is attached hereto, labeled Exhibit “A” and

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incorporated by this reference herein. The Stipulation specifies that the new date for the

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examination is August 13, 2012 at 9:00 a.m. The order also states the new date for the

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examination is August 13, 2012.

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2.

When the Court received the Stipulation, the Court changed the continued hearing

date to September 10, 2012.
3.

Counsel for the examinee immediately advised EEOC attorney Raymond Cheung

that he was unavailable on September 10, 2012.
4.

The reason for counsel’s unavailability is that he is on a pre-planned, pre-paid

vacation out of the country.
5.

Counsel is available September 24, 2012 or thereafter.
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EX PARTE APPLICATION FOR ORDER CONTINUING DEBTOR’S EXAMINATION

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6.

Mr. Cheung refused to stipulate to continue the examination.

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Wherefore, it is requested that the Court sign the proposed order continuing the debtor’s

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examination to either September 24, 2012 or a date thereafter that is convenient to the Court.

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Dated: July 12, 2012

Respectfully submitted,

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LAW OFFICES OF STEVEN A. CLAIR

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/s/ Steven A. Clair
Steven A. Clair, Attorney for Defendant

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[PROPOSED] ORDER
The Court hereby incorporates the foregoing and reschedules the Judgment Debtor
Examination to take place on September 24, 2012 at 9:00 a.m. in Courtroom 9, 19th Floor. It is so
ordered.

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Dated: July 18, 2012
Hon. James Ware
UNITES STATES DISTRICT CHIEF JUDGE

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EX PARTE APPLICATION FOR ORDER CONTINUING DEBTOR’S EXAMINATION