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Crosthwaite v. Aposhian Excavating Co., Inc.

United States District Court, Ninth Circuit

January 7, 2014

F.G. CROSTHWAITE, et al., Plaintiffs,
v.
APOSHIAN EXCAVATING COMPANY, INC., a Utah Corporation, Defendant.

Michele R. Stafford, Esq. (SBN 172509), Shivani Nanda, Esq. (SBN 253891), SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA Attorneys for Plaintiffs.

REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; THE ALTERNATIVE, REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; RATION OF SHIVANI NANDA IN SUPPORT THEREOF

THELTON E. HENDERSON, District Judge.

Plaintiffs respectfully request that the Case Management Conference scheduled for January 13, 2014, be vacated, as follows::

the Court's records will reflect, this action was filed on January 25, 2013.

rvice on Defendant was completed on October 4, 2013, and a Proof of Service of Summons was filed with the Court on October 18, 2013 (Dkt. #26).

3. The Court continued the previous Case Management Conference, set for October 28, 2013, to allow time for Defendant to respond to the lawsuit.

4. On November 5, 2013, the Court entered Defendant's default (Dkt. #32). Plaintiffs served a copy of the Court's notice of default entry on Defendant and filed a Proof of Service with the Court on November 6, 2013 (Dkt. #33).

5. The parties have been in contact on numerous occasions to discuss resolution of this action. At Defendant's request, Plaintiffs prepared and sent Defendant a revised proposed Judgment Pursuant to Stipulation ("Stipulation") providing for a monthly payment plan to allow Defendant to bring his account current. However, Defendant has not signed the Stipulation to date.

6. Plaintiffs have substantially drafted a Motion for Default Judgment and expect to have the complete Motion filed with the Court within ten (10) days. Plaintiffs will be noticing the Motion for hearing on February 17, 2013, or as soon thereafter as counsel may be heard.

7. There is nothing for the Court to consider at this time. Therefore, Plaintiffs respectfully request that the Court vacate the Case Management Conference, or in the alternative, continue the Case Management Conference to coincide with the date of the Motion for Default Judgment hearing.

8. Plaintiffs recognize that a case management conference statement is due seven days in advance of the case management conference date and that the statement must include all elements requested in the "Standing Order for All Judges of the Northern District of California - Contents of Joint Case Management Statement" pursuant to Local Rule 16-9. Should this Court require Plaintiffs to file a case management conference statement, Plaintiffs will do so promptly.

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled action, and that the foregoing is true of my own knowledge.

Executed this 3rd day of January 2014, at San Francisco, California.

IT IS SO ORDERED.

[ ] The Case Management Conference in this action is hereby vacated.
[ ] The Case Management Conference in this action is hereby continued to __________, March 24 2014. All related deadlines are extended accordingly.

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