Free Motion to Continue - District Court of California - California

Case 3:07-cv-02141-H-NLS

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Filed 05/08/2008

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Jean M. Heinz, CSB# 125114 HEINZ & FEINBERG
AT T O RN EY S AT LAW 707 BRO AD W AY , SUIT E 1800 SAN D IEGO , CALIFO RN IA 92101-5311 (619) 238-5454

Attorneys for Defendant Silver Strand Plaza, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA A.J. OLIVER, Plaintiff, v. SILVER STRAND PLAZA, LLC.; REMARK CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 07 CV2141 H NLS DECLARATION FOR EX PARTE APPLICATION TO CONTINUE ENE

Defendant Silver Strand respectfully submits this declaration and ex parte request to continue the Early Neutral Evaluation Conference currently set for June 3, 2008. I. APPLICATION Defendant's counsel, Jean M. Heinz, is scheduled to be in Maui, Hawaii from May 30, 2008 through June 4, 2008. This is a long scheduled vacation to celebrate her 36th wedding anniversary. Therefore, counsel would request that the Early Neutral Evaluation Conference be continued until the week of June 9, 2008, or thereafter at the Court's convenience. Ms. Heinz conferred with Plaintiff's counsel regarding the continuance, and Plaintiff's counsel continuance. did not object to any

Oliver v. Silver Strand, et al., Case No. 07cv2141 H (NLS) Defendant Silver Strands Ex Parte Application to Continue ENE

Case 3:07-cv-02141-H-NLS

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II. DECLARATION I, Jean M. Heinz, declare as follows: I am an attorney duly admitted to practice in all of the Courts in the State of California and

am a partner at the law firm of Heinz & Feinberg located at 707 Broadway, Ste. 1800, San Diego, California, attorneys for Cross-complainants in the above-entitled action. I make this declaration from my own personal knowledge and if called upon as a witness, I would competently swear to the facts testified to herein. 2. I am scheduled to be in Maui Hawaii from May 30, 2008 through June 4, 2008. My husband

and I scheduled this vacation months ago to celebrate our 36th wedding anniversary. 3. Therefore, I would request that the ENE be continued until June 9, 2008 or any date

thereafter at the Court's convenience. 4. I telephoned my opposing counsel and spoke with Mr. Hubbard. He had no objection to the

continuance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 8th day of May, 2008 in San Diego, California.

/s/Jean M. Heinz _______________________________________ Jean M. Heinz, Attorneys for Defendant Silver Strand Plaza, LLC.

Oliver v. Silver Strand Plaza, LLC., Defendant Silver Strand's Ex Parte Application to Continue ENE

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07-cv2141H (NLS)

Case 3:07-cv-02141-H-NLS

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Filed 05/08/2008

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Oliver v. Silver Strand Plaza, LLC., Defendant Silver Strand's Ex Parte Application to Continue ENE 07-cv2141H (NLS)

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