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Geris v. Bateman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 3, 2009

RYAN MATTHEW GERIS, PLAINTIFF,
v.
PATRICK BATEMAN, DEFENDANT.

PLAINTIFF'S REQUEST FOR ENTRY OF A 90 DAY CONTINUANCE OF THE STATUS CONFERENCE AND ORDER

TO: THE CLERK OF THE ABOVE ENTITLED COURT:

Plaintiff, Ryan Matthew Geris, hereby requests that the Clerk of the above-entitled Court enter a ninety (90) day continuance of the Status Conference, currently scheduled for September 21, 2009. Plaintiff served the Complaint on defendant, Patrick Bateman, on March 7, 2009, evidenced by the proof of service of summons on file with this Court. See Docket No. 8. Plaintiff filed a Request for Entry of Default on May 26, 2009. See Docket Request for Entry of a 90 Day Continuance of the Status Conference and Proposed Order No. 15. Clerk's Entry of Default as to defendant, Patrick Bateman, was entered on May 26, 2009. See Docket No. 17.

Plaintiff intends to file an Amended Notice of Motion and Amended Motion for Default Judgment. Plaintiff has requested and has diligently sought certified medical records from his treating physicians in order to provide documented evidence supporting the claims and damages as asserted in the Complaint (see Docket No. 1) for which he will request Default Judgment. Plaintiff anticipates he will receive the requested documentation and be able to file a Notice of Motion and Motion for Default Judgment within ninety (90) days from September 21, 2009. Plaintiff will also address the other deficiencies in Plaintiff's Notice of Motion and Motion for Default Judgment, noted by the Court in its Order denying Default Judgment, (see Docket No. 21), upon receipt of the certified medical records from Plaintiff's treating physicians.

The above stated facts are set forth in the accompanying declaration of Michael T. Hess, filed herewith.

ORDER

The status conference currently set for September 21, 2009 is continued to January 19, 2010 at 10:30 a.m. The parties are directed to file their status reports ten (10) days prior to the status conference.

IT IS SO ORDERED.

20090903

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