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Adobe Systems Inc. v. Marku

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)


January 28, 2010

ADOBE SYSTEMS INCORPORATED, PLAINTIFF,
v.
CLAUDE MARKU, AN INDIVIDUAL AND D/B/A WWW.NIKKNAK.COM AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Samuel Conti United States District Judge

REQUEST TO CONTINUE CASE

MANAGEMENT CONFERENCE

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.

Dated: January 26, 2010

J. Andrew Coombs, A Professional Corp.

Nicole L. Drey Attorneys for Plaintiff Adobe Systems Incorporated

[PROPOSED] ORDER

PURSUANT TO REQUEST, IT IS SO ORDERED that the Case Management Conference set for February 19, 2010 is continued to Wednesday, June 16, 2010 at 10:00 a.m.

20100128

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