The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Judge
EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER
TO: THE CLERK OF THE COURT AND DEFENDANT TIM KRUSE CONSTRUCTION, INC., A California Corporation: Pursuant to Civil Local Rule 7-10, 27 Plaintiffs hereby request that the initial Case Management Conference, currently scheduled for 28 WEINBERG, ROGER & ROSENFELD
A Professional Corporation
April 19, 2013 at 1:30 p.m., be continued for sixty days to allow Plaintiffs to seek Default 2 Judgment against Defendant. 3
Plaintiffs filed the Complaint in this matter on October 16, 2012. Defendant was served 4 on November 15, 2012, for which proofs of service were filed with this Court on November 27, 5 2012. Thereafter, the parties were attempting resolution of this matter. Recently, Defendant has 6 stopped communicating with Plaintiffs. Defendant has not filed an Answer or other responsive 7 pleading in this matter, and Plaintiffs filed a Request for Entry of Default on April 8, 2013 and 8 will be moving for Default Judgment once Default is entered. Given these facts, Plaintiffs request 9 that Case Management Conference be continued for sixty days in order to allow Plaintiffs to 10 prepare and file a Motion for Default Judgment.
The above stated facts are set forth in the accompanying Declaration of Concepcion E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, 13 filed herewith. 14
Dated: April 9, 2013 WEINBERG,
ROGER & ROSENFELD A Professional Corporation /s/ Concepcion E.
Lozano-Batista By: CONCEPCION E. LOZANO-BATISTA
Attorneys for Plaintiffs
ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Based upon the foregoing Ex Parte Application for Continuance of Case Management Order and Declaration of Concepcion E. Lozano-Batista in Support of Ex Parte Application to 22 Continue Case Management Conference, the Court orders a continuance of the Case Management 23 Conference for 60 days, or as soon thereafter as a court date is available. In addition, the Court 24 orders: to June 21, 2013 at 1:30 p.m. If the Plaintiffs file a motion for default judgment before that date, the Court shall vacate the case management conference.
WEINBERG, ROGER & 132515/711157 A Professional Corporation ROSENFELD
© 1992-2013 VersusLaw ...