IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
July 28, 2011
MONARCH LAW OFFICES, P.C., AND MICHAEL B. BENNETT, AND
WESTERN DENTAL SERVCIES, INC., DOES 1-10, INCLUSIVE,
The opinion of the court was delivered by: Hon. Howard R. Lloyd U.S. Magistrate Court Judge
Balam O. Letona, Esq. SBN 229642 Law Office of Balam O. Letona, Inc. 55 River Street, Ste. 220 Santa Cruz, CA 95060 Telephone: (831) 421-0200 Facsimile: (831) 421-0400 5 firstname.lastname@example.org Attorney for Plaintiff: Norma Chavez
ADMINISTRATIVE MOTION, REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE, and [Proposed] ORDER
The Court scheduled a Case Management Conference for July 19, 2011. 20 Plaintiff requests that the Case Management Conference be continued 60 days from July 19th so all the parties can enter an appearance.
On May 6, 2011, Defendant Western Dental Services, Inc., was served with the 23 complaint and a WAIVER OF THE SERVICE OF SUMMONS. Defendant signed and 24 returned the waiver and has until July 5, 2011 to file a responsive pleading.
On May 5, 2011, Defendants Monarch Law Offices, P.C., and Michael B. Bennett, Esq., were served with the complaint. Counsel for Plaintiff spoke with Mr. Mike Mehall, Esq., on May 17th. Mr. Mehall called on behalf of Defendants Monarch and Bennett. Defendants had until June 7th to file a responsive pleading. When 2 Defendants failed to answer Plaintiff's counsel sent a letter on June 10th, June 17th and June 24th requesting contact, or a default would be taken.
On June 27, 2011, Defendant Michael Bennett, Esq., contacted Plaintiff's counsel on behalf of Defendants Monarch and himself. Defendant Bennett stated this matter was being tendered to his E&O carrier, the Oregon State Bar Professional Liability Fund and Defendant requested that a default not be filed for 10 days, so that an answer may be filed.
As such, Plaintiff believes that a continuance of the Case Management Conference will be beneficial for all parties, however, Plaintiff requests that the Defendants enter an appearance soon.
I, Balam O. Letona, hereby attest: I am counsel for the above-captioned Plaintiff.
1. The above facts are true to the best of knowledge.
Under penalty of perjury under the laws of the State of California, signed in Santa Cruz, CA.
Dated: June 28, 2011 /s/ Balam O. Letona Balam O. Letona Counsel for Plaintiff
Plaintiff's Administrative Motion is hereby GRANTED. The Case Management Conference currently scheduled for July 19, 2011 at 1:30 p.m., is hereby 17 continued to 9/23/11 at 10:30 a.m.
IT IS SO ORDERED.
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