The opinion of the court was delivered by: Judge Bernard
MOTION TO APPEAR BY TELEPHONE OR, IN THE ALTERNATIVE TO CONTINUE HEARING,
COMES NOW the Plaintiff, Jenna Songstad, by and through her attorneys of record, and hereby moves this Court for an Order permitting the Plaintiff's counsel to appear by telephone on January 3, 2011 at 4:00 p.m. or, in the alternative, for an Order continuing the Case Management Conference. In support of this motion, the Plaintiff would show the following:
1. After some difficulty, the Defendant was personally served on September 21, 2010. (Doc. No. 8). To date, the Defendant has not filed any responsive pleading in this action.
2. The Plaintiff filed a Rule 26 Report, as required by this Court's initial scheduling order, noting the problem of preparing the Report without meeting with any opposing counsel.
3. The Plaintiff will file this week a motion for a default judgment to be entered by the Clerk (FRCP Rule 55(a)).
4. A Case Management Conference is scheduled in this Court on January 3, 2011, at 4:00 p.m. In light of the fact that there has been no appearance by the Defendant, the Plaintiff's counsel request permission to appear at this hearing by telephone or, in the alternative, for this Court to enter an order to continue the hearing to a future date.
MOTION GRANTED. CMC continued to February 7, 2011 at 4:00 p.m.
Plaintiff shall serve defendant with this /s/ Jonathan K. Van Patten Order. Plaintiff shall file a request for JONATHAN K. VAN PATTEN default by January 10, 2011. 12203 Nemo Road Nemo, SD 57759
ES DISTRIC Telephone: (605) 578-1726