Crosby v. Neuman

Filing 14

ORDER Granting Plaintiff's 12 Ex Parte Motion to Continue Status and Scheduling Conference. The Status and Scheduling Conference set for 12/19/2017 is vacated and continued to 1/16/2018 at 02:30 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 12/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02474-JCM-PAL Document 12 Filed 12/02/17 Page 1 of 5

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James D. Crosby (State Bar No. 110383)
Attorney at Law
550 West C Street, Suite 790
San Diego, California 92101
Telephone: [phone]
Email: [e-mail]

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Plaintiff and Judgment Creditor In Pro Per

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES D. CROSBY

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Plaintiff,

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v.
PHILIP NEUMAN
Defendant

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER
MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE;
DECLARATION OF JAMES D.
CROSBY.

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Plaintiff and judgment creditor James D. Crosby respectfully moves for an order moving

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or continuing the Status and Scheduling Conference scheduled in the above referenced matter

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at 9:00 a.m. on December 19, 2017 to 9:00 a.m., or at any other court time, on any of the

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following dates:

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December 13, 14, 15, 26, 27, 28, or 29;

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January 2, 3, 4, 9, 10, 11, 12, 16, 17, 18, 19, 24, 25,29, 30 or 31.

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Plaintiff/Judgment creditor James D. Crosby has an irreconcilable calendar conflict on

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December 19, 2017 involving multi-day depositions in consolidated cases pending in San

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Diego Superior Court (PAVA Applications International Corporation, et.al., v. Ayman Atef

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Shahid, et, al., and consolidated cases; San Diego Superior Case No. 37-2016-00038849 (Lead)

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and Consolidated Case Nos. 37-2017-00014453 and 37-2017-0000998). Plaintiff/Judgment

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.

Case 2:17-cv-02474-JCM-PAL Document 12 Filed 12/02/17 Page 2 of 5

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creditor James D. Crosby is representing parties and witnesses in one multi-day deposition

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from December 18 to December 21, and two half day depositions on December 22. All these

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depositions are in San Diego and commence each day at 9:30 a.m. These depositions, involving

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multiple parties and their attorneys in a contentious employment matter, have been scheduled

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for some time and cannot be moved without significant disputes, likely motions and court

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intervention. Plaintiff/Judgment creditor James D. Crosby personally represents multiple, and

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all, parties on one side of the consolidated cases and must attend these depositions.

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Accordingly, plaintiff/ judgment creditor James D. Crosby respectfully requests that the

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Status and Scheduling Conference in the above referenced matter currently set at 9:00 a.m. on

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December 19, 2017 be moved to any of the dates referenced above.

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Date: December 2, 2017

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/s/ James D. Crosby
Plaintiff and Judgment Creditor In Pro Per

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Declaration of James D. Crosby
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I am an attorney licensed to practice before all state and federal courts of, and in,

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the state of California. I am the plaintiff and judgment creditor in the above entitled action. I

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have personal knowledge of the facts stated in this declaration and, if called upon, would testify

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competently to such facts.

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2.

The Status and Scheduling Conference in the above referenced matter is presently

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scheduled for 9:00 a.m. on December 19, 2017. I respectfully request this Status and

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Scheduling Conference be moved or continued to 9:00 a.m., or at any other court time, on any

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of the following dates:

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December 13, 14, 15, 26, 27, 28, or 29;

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January 2, 3, 4, 9, 10, 11, 12, 16, 17, 18, 19, 24, 25,29, 30 or 31.

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.

Case 2:17-cv-02474-JCM-PAL Document 12 Filed 12/02/17 Page 3 of 5

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3.

I have an irreconcilable calendar conflict on December 19, 2017 involving multi-

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day depositions in consolidated cases pending in the San Diego Superior Court (PAVA

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Applications International Corporation, et.al., v. Ayman Atef Shahid, et, al., and consolidated

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cases; San Diego Superior Case No. 37-2016-00038849 (Lead) and Consolidated Case Nos.

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37-2017-00014453 and 37-2017-0000998). I represent parties and witnesses in one multi-day

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deposition from December 18 to December 21 and two half day depositions on December 22.

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All these depositions are in San Diego and commence each day at 9:30 a.m. These depositions,

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involving multiple parties and their attorneys in a contentious employment matter, have been

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scheduled for some time. These depositions cannot be moved without significant disputes,

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likely motions, and court intervention. I personally represent multiple, and all, parties on one

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side of the consolidated cases and I must attend these depositions.

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4.

Accordingly, I respectfully request that the Status and Scheduling Conference

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in the above referenced matter currently set at 9:00 a.m. on December 19, 2017 be moved to

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any of the dates referenced above.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on
December 2, 2017 at San Diego California.

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/s/ James D. Crosby

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IT IS ORDERED that the Status and Scheduling Conference currently set for
December 19, 2017, is VACATED and CONTINUED to 2:30 p.m. January 16, 2018 in
Courtroom 3B.

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Dated: December 4, 2017
____________________________
Peggy A. Leen
United States Magistrate Judge

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.

Case 2:17-cv-02474-JCM-PAL Document 12 Filed 12/02/17 Page 4 of 5

PROOF OF SERVICE

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I am over the age of 18 years. I am employed in the County of San Diego, State of

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California. I am not a party to the above-referenced action. My business address is James D.

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Crosby, Attorney at Law, 550 West C Street, Suite 790, San Diego, California 92101.

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On December 2, 2017, I served the following documents:

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EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS AND
SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.

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on the following parties in this action as follows:

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Boris Avramski, Esq (Nevada Bar No. 11350)
Avramski Law, PC
602 South 10th Street
Las Vegas, NV 89101
Phone: [phone]
[e-mail]

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Attorneys for Defendant Phil Neuman

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Via Email:

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XX

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each of the email addresses designated above. I thereafter received receipt of delivery of such

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email transmission and I did not receive, within a reasonable time after the email transmission,

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any electronic message or other indication that the email transmission was unsuccessful.

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Via Overnight Mail:

by sending a copy thereof via email transmission to each of the persons or entities at

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by placing a copy thereof in an envelope addressed to each of the persons or entities at

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each of the addresses designated above and placing the envelope for collection and overnight

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mailing via Federal Express following our ordinary business practices. I am readily familiar

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with this business’s practices for collecting and processing correspondence for overnight

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mailing via Federal Express . On the same day that correspondence is placed for collection and

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overnight mailing via Federal Express, it is deposited in the ordinary course of business with

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Federal Express in a sealed envelope with postage and all charges fully prepaid.

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.

Case 2:17-cv-02474-JCM-PAL Document 12 Filed 12/02/17 Page 5 of 5

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Via U.S. Mail:

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each of the addresses designated above and placing the envelope for collection and mailing

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following our ordinary business practices. I am readily familiar with this business’s practices

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for collecting and processing correspondence for mailing. On the same day that correspondence

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is placed for collection and mailing, it is deposited in the ordinary course of business with the

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United States Postal Service in a sealed envelope with postage fully prepaid.

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by placing a copy thereof in an envelope addressed to each of the persons or entities at

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at San Diego, California on December 2, 2017.

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/s/ James D. Crosby

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Case No. 2:17-CV-02474-JCM-PAL
EX-PARTE MOTION FOR ORDER MOVING OR CONTINUING STATUS
AND SCHEDULING CONFERENCE; DECLARATION OF JAMES D. CROSBY.