Cardinalli v. Superior Court of California for the County of Monterey et al

Filing 19

ORDER ADVANCING CASE MANAGEMENT CONFERENCE; ORDER DENYING AS MOOT MOTION FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND FOR ORDER THAT CLERK ISSUE REQUESTED SUMMONS by Hon. Lucy H. Koh.(lhklc1, COURT STAFF) (Filed on 4/24/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SAL J. CARDINALLI,

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Plaintiff,
v.
SUPERIOR COURT OF CALIFORNIA FOR
THE COUNTY OF MONTEREY, et al.
Defendants.

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Case No.: 12-CV-6356-LHK
ORDER ADVANCING CASE
MANAGEMENT CONFERENCE;
ORDER DENYING AS MOOT MOTION
FOR CONTINUANCE OF INITIAL
CASE MANAGEMENT CONFERENCE
AND FOR ORDER THAT CLERK
ISSUE REQUESTED SUMMONS

On April 22, 2013, Plaintiff submitted a Motion for Continuance of Initial Case

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Management Conference and for Order that Clerk Issue Requested Summons. ECF No. 17

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(“Motion”). In the Motion, Plaintiff requests that the Case Management Conference scheduled for

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April 24, 2013 be continued to another date because Plaintiff has not been able to serve several of

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the Defendants. ECF No. 17. Plaintiff contends that Plaintiff has been unable to serve Defendants

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in part due to issues securing summonses from the Clerk.

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Plaintiff’s request that the Court continue the April 24, 2013 Case Management Conference

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is misplaced. The Court has already continued the Case Management Conference to August 29,

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2013, at 1:30 p.m. See ECF No. 9.

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Notably, the Case Management Conference was continued so that it could coincide with the

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hearing on the Motion to Dismiss filed by Defendants Superior Court of California for the County

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of Monterey and the United States Bankruptcy Court for the Northern District of California. ECF
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Case No.: 12-CV-6356-LHK
ORDER ADVANCING CASE MANAGEMENT CONFERENCE

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No. 8. However, these Defendants were voluntarily dismissed on April 8, 2013 and, accordingly,

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the Motion was denied as moot. ECF No. 16. Given that there will be no motion hearing on

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August 29, 2013, the Court hereby ADVANCES the Case Management Conference from August

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29, 2013 to June 12, 2013 at 2:00 p.m.

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With respect to the issues raised in the Plaintiff’s Motion regarding completing service on

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Defendants, the Clerk’s office will contact Plaintiff to explain the additional steps Plaintiff needs to

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take to obtain summonses from the Clerk.

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IT IS SO ORDERED.

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Dated: April 8, 2013

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 12-CV-6356-LHK
ORDER ADVANCING CASE MANAGEMENT CONFERENCE