The opinion of the court was delivered by: Samuel Conti United States District Judge
PLAINTIFF Adobe Systems Incorporated ("Adobe" or "Plaintiff"), by and through its counsel of record, Nicole L. Drey, of J. Andrew Coombs, A P.C., hereby requests as follows:
WHEREAS the Court set the Scheduling Conference in the above-captioned matter for February 19, 2010, at 10:00 a.m.;
WHEREAS Defendant has not yet been properly served with Summons and Complaint;
WHEREAS Plaintiff served Defendant by certified mail in or about November 2009 but received an unsigned return receipt;
WHEREAS counsel for Defendant first contacted Plaintiff on or about December 7, 2009, and agreed to a waiver of service, but Plaintiff has not received the signed waiver back from Defendant's counsel or heard from Defendant or his counsel since that initial communication, despite several follow-up attempts;
WHEREAS Plaintiff has re-sent service to Defendant by certified mail and is awaiting the return receipt;
WHEREAS Plaintiff anticipates proceeding with default, due to Defendant's lack of communication, once proper service has been effected;
WHEREAS there have been no prior continuances requested by the Parties; and
NOW, THEREFORE, Plaintiff requests that the Case Management Conference in the above captioned matter be continued until June 18, 2010, or a date thereafter acceptable to the Court.
J. Andrew Coombs, A Professional Corp.
Nicole L. Drey Attorneys for Plaintiff Adobe ...