United States District Court, E.D. California, Sacramento Division
MALAKAUSKAS Attorney for PLAINTIFF CYNTHIA HOPSON
REQUEST FOR CONTINUANCE OF RULE 26 CONFERENCE AND
[PROPOSED] ORDER GRANTING
WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE.
TAKE NOTICE, on February 5th, 2017, this
Court, by the Order of the Honorable William B. Shubb,
scheduled the Rule 26 Status Conference for March
12th, 2018, at 1:30 p.m., in Courtroom 5, of the
Robert T. Matsui United States Courthouse, located at 501 I
Street, in Sacramento, California. Daniel Malakauskas,
attorney for Plaintiff, Cynthia Hopson, now humbly makes a
request that this Court continue the Rule 26 Conference an
additional thirty (30) days to allow Plaintiff to effectuate
Plaintiff's Attorney hired the process server company,
Modesto Legal Support Services, to serve defendants: Nasr
Ahmed Aleshmali; Timothy Spencer; Lisa Spencer; and the
Spencer Family 2015 revocable trust.
Legal Support Services failed to provide Plaintiff's
Attorney with any proof of services or status reports after
he placed the order with them.
February 6th, 2018, Plaintiff's Attorney
emailed Modesto Legal Support Services inquiring as to the
status of the service. At, or, around the same time,
Plaintiff's Attorney called Modesto Legal Support
Services. Plaintiff's Attorney was told that he would
receive a call back from the appropriate employee but never
received a call back.
February 14th, 2018, Plaintiff's Attorney
emailed Modesto Legal Support Services again inquiring as to
the status of service.
Plaintiff's Attorney did not receive a response, he
called Modesto Legal Support Services sometime thereafter.
While on the phone with Modesto Legal Support Services,
Plaintiff's Attorney got into an argument with who he
assumes was a manager. The manager informed Plaintiff's
Attorney that they had never received any order from
Plaintiff's Attorney and that any lack of service was the
fault of Plaintiff's Attorney.
the phone call, Plaintiff's Attorney promptly hired the
process server company, Valpro Attorney Services, to serve
the Defendants. Valpro Attorney Services is currently serving
and half after the phone call resulting in an argument with
Modesto Legal Support Services, Plaintiff's Attorney
received a letter from Modesto Legal Support Services. The
letter contained a declaration of non-service and diligence.
declaration stated that Modesto Legal Support Services had
tried to serve defendants, Timothy Spencer, Lisa Spencer, and
the Spencer Family 2015 revocable trust at 4220 Gabriel Way,
in Modesto, California on the dates: January 12th,
13th, 16th, 17th,
19th, 20th, and 21st, 2018.
However, all attempts were unsuccessful. In addition, despite
Plaintiff's Attorney's clear instructions, the
process server company did not attempt to serve Nasr Ahmed
Plaintiff's Attorney was attempting to ensure that all
defendants were served with process, Plaintiff's Attorney
received a letter from Attorney Bart W. Barringer around
February 15th, 2018 (Although the letter was dated
February 8th, 2018). Attorney Bart W. Barringer
informed Plaintiff's Attorney that he represented
defendants, Timothy Spencer and Lisa Spencer. Attorney Bart
W. Barringer informed Plaintiffs Attorney that his clients
had removed the barriers from the property and that the
property was fully compliant.
Attorney contacted Bart W. Barringer to discuss having a full
site inspection to determine the condition of the property
and ensure the barriers were removed. The parties agreed to
allow Plaintiffs Attorney to have his expert conduct a full
site inspection on March 4th, 2018 at 10:00 a.m.
these reasons, Plaintiffs Attorney humbly asks the court for
an additional thirty (30) days to enact service. Valpro
Attorney Services is ...