Free Motion to Continue - District Court of California - California

Case 3:07-cv-02205-DMS-CAB

Document 12-2

Filed 03/12/2008

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THOMAS R. GILL, ESQ. CSBN 061267 THE GILL GROUP, A.P.C. 6046 Cornerstone Ct. W., Suite 161 San Diego, California 92121 Tel: (619) 286-9393 Fax: (858) 695-1947 Attorney for Plaintiff GLEN R. HAGEN

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GLEN R. HAGEN, Plaintiff, v. NCR CORPORATION, Defendant.

Case No.: 07 CV 2205 DMS (CAB) AFFIDAVIT OF THOMAS R. GILL, ESQ., IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE CMC Date: Time: Judge: March 14, 2008 1:30 p.m. Hon. Cathy Ann Bencivengo

I, THOMAS R. GILL, ESQ., have personal knowledge of the following facts, and if called upon could competently testify to the following: 1. On Tuesday, March 11, 2008, I spoke to Michael Leggieri, Esq. to inquire about

continuing the above referenced CMC. Mr. Leggieri explained I needed a joint stipulation or an ex parte application. I called opposing counsel, Jason R. Dawson, Esq., and left a detailed message. As of this time, Wednesday at 3:00 p.m., I have not had a response. I believe Mr. Dawson is busy and did not choose to ignore me. However, time is of the essence. 2. On Saturday morning in New York City my daughter, a student, is having foot

surgery. She asked if I could be with her. Therefore, this request is not an emergency; rather it is
1 AFFIDAVIT OF THOMAS R. GILL, ESQ., IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE CMC 07 CV 2205 DMS (CAB)

Case 3:07-cv-02205-DMS-CAB

Document 12-2

Filed 03/12/2008

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simply a dad wanting to do something for his daughter. We're close. I will need to travel all day Friday, March 14th. 3. Since the initial ENEC counsel have fully cooperated with this Court's Orders,

including preparing and submitting the JOINT DISCOVERY PLAN, and exchanging respective Initial Disclosures. 4. This is the second request to change the CMC date. The first occurred at the time of

the ENEC when dates were being discussed and Your Honor provided March 7 as the CMC date. I requested it be postponed to the 14th and the Court agreed. 5. Thank you for your attention to this matter.

I declare under penalty of perjury under the laws of the United States the foregoing is true and correct and that this affidavit was executed on this 12th day of March, 2008, at San Diego, California.

s/ Thomas R. Gill, Esq. THOMAS R. GILL, ESQ. THE GILL GROUP, A.P.C. Attorney for Plaintiff Email: [email protected]

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