Chavez v. Monarch Law Offices, P.C. et al

Filing 17

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 8 . Case Management Conference set for 9/23/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 7/28/11. (dlm, COURT STAFF) (Filed on 8/3/2011)

1 Balám O. Letona, Esq.
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SBN 229642
Law Office of Balám O. Letona, Inc.
55 River Street, Ste. 220
Santa Cruz, CA 95060
Telephone: [phone]
Facsimile: [phone]
[e-mail]

6 Attorney for Plaintiff:
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Norma Chavez

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSÉ DIVISION

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NORMA CHAVEZ,

Case No. C11-02061 ------ JF
HRL
Plaintiffs,

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13 v.
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ADMINISTRATIVE MOTION,
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE, and
--------------- ORDER
[Proposed]

MONARCH LAW OFFICES, P.C.,
and MICHAEL B. BENNETT, and
16 WESTERN DENTAL SERVCIES,
INC., DOES 1-10, inclusive,
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18 Defendant(s).
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The Court scheduled a Case Management Conference for July 19, 2011.
Plaintiff requests that the Case Management Conference be continued 60 days
from July 19th so all the parties can enter an appearance.
On May 6, 2011, Defendant Western Dental Services, Inc., was served with the

23 complaint and a WAIVER OF THE SERVICE OF SUMMONS. Defendant signed and
24 returned the waiver and has until July 5, 2011 to file a responsive pleading.
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On May 5, 2011, Defendants Monarch Law Offices, P.C., and Michael B.

26 Bennett, Esq., were served with the complaint. Counsel for Plaintiff spoke with Mr.
27 Mike Mehall, Esq., on May 17th. Mr. Mehall called on behalf of Defendants Monarch
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ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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1 and Bennett. Defendants had until June 7th to file a responsive pleading. When
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2 Defendants failed to answer Plaintiff’s counsel sent a letter on June 10 , June 17 and
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3 June 24 requesting contact, or a default would be taken.

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On June 27, 2011, Defendant Michael Bennett, Esq., contacted Plaintiff’s

5 counsel on behalf of Defendants Monarch and himself. Defendant Bennett stated this
6 matter was being tendered to his E&O carrier, the Oregon State Bar Professional
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Liability Fund and Defendant requested that a default not be filed for 10 days, so that
an answer may be filed.
As such, Plaintiff believes that a continuance of the Case Management
Conference will be beneficial for all parties, however, Plaintiff requests that the
Defendants enter an appearance soon.
Dated: June 28, 2011

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/s/ Balám O. Letona
14 ____________________________
Balám O. Letona
15 Attorney for Plaintiff
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ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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DECLARATION

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I, Balám O. Letona, hereby attest:

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I am counsel for the above-captioned Plaintiff.

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1.

The above facts are true to the best of knowledge.

Under penalty of perjury under the laws of the State of California, signed in
Santa Cruz, CA.
Dated: June 28, 2011

10 /s/ Balám O. Letona

Balám O. Letona

11 Counsel for Plaintiff
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---------------- ORDER
[Proposed]

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Plaintiff’s Administrative Motion is hereby GRANTED. The Case
Management Conference currently scheduled for July 19, 2011 at 1:30 p.m., is hereby

9/23/11 at 10:30 a.m.
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IT IS SO ORDERED.

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_____________________________
-----------------------Hon. Howard R. Lloyd Jeremy Fogel

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U.S. ---------------------- COURT JUDGE
MAGISTRATE

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Dated: 7/28/11

DISTRICT

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ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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