Free Order on Motion to Appear by Telephone - District Court of California - California

Case 5:08-cv-01101-JF

Document 88

Filed 06/24/2008

Page 1 of 4

Richard M. Simses, Esq., (Pro Hac Vice) Paul M. Lavelle, Esq., (Pro Hac Vice) Abbott, Simses & Kuchler, APLC 1360 Post Oak Blvd., Suite 1700 Houston, Texas 77056 Telephone: (713) 627-9393 Patrick A. Long, Esq. (48221) Long, Williamson & Delis 400 N. Tustin Avenue, Suite 370 Santa Ana, California 92705 Telephone: (714) 668-1400 Attorneys for Defendant ADT SECURITY SERVICES, INC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GERALD ROYLANCE, Plaintiff, v. ADT SECURITY SERVICES, et al. Defendants. Case No. 5:08-cv-01101 ADT'S REQUEST TO APPEAR TELEPHONICALLY AT THE HEARING ON PLAINTIFF'S MOTION TO STRIKE THE ANSWER OF ELITESECURITY US, LLC; AND PROPOSED ORDER Judge: Jeremy Fogel Dept.: 3 Hearing Date: July 11, 2008 Time: 9:00 a.m.

ADT'S REQUEST TO APPEAR TELEPHONICALLY AT THE HEARING ON PLAINTIFF'S MOTION TO STRIKE THE ANSWER OF ELITESECURITY US, LLC Counsel for Defendant ADT Security Services, Inc. (ADT) respectfully requests that the Court allow the telephonic appearance of counsel at the hearing on the Motion to Strike the Answer of EliteSecurity US, LLC scheduled for July 11, 2008 at 9:00 a.m. This request is made on the grounds that the primary attorney representing ADT is located in Houston, Texas. Also,

Case 5:08-cv-01101-JF

Document 88

Filed 06/24/2008

Page 2 of 4

there are no issues involving ADT that will be argued at this hearing. Personal appearance at the hearing would therefore cause a hardship on ADT in that extensive travel time and expense will be incurred for the appearance. If granted, Richard M. Simses and/or Paul M. Lavelle will be making the telephonic appearance through CourtCall. DATED: June 23, 2008 Respectfully submitted, ABBOTT, SIMSES & KUCHLER, APLC

By: ___/s/ Richard M. Simses____________ Richard M. Simses (Pro Hac Vice) Paul M. Lavelle (Pro Hac Vice)

LONG, WILLIAMSON & DELIS

By: ____________________________ Patrick A. Long Attorneys for Defendant ADT SECURITY SERVICES, INC.

Case 5:08-cv-01101-JF

Document 88

Filed 06/24/2008

Page 3 of 4

Richard M. Simses, Esq., (Pro Hac Vice) Paul M. Lavelle, Esq., (Pro Hac Vice) Abbott, Simses & Kuchler, APLC 1360 Post Oak Blvd., Suite 1700 Houston, Texas 77056 Telephone: (713) 627-9393 Patrick A. Long, Esq. (48221) Long, Williamson & Delis 400 N. Tustin Avenue, Suite 370 Santa Ana, California 92705 Telephone: (714) 668-1400 Attorneys for Defendant ADT SECURITY SERVICES, INC UNITED STATES DISTRICT COURT

**E-filed 6/24/08**

NORTHERN DISTRICT OF CALIFORNIA Case No. 5:08-cv-01101 GERALD ROYLANCE, Plaintiff, v. ADT SECURITY SERVICES, et al. Defendants. --------------ADT'S PROPOSED ORDER ON REQUEST TO APPEAR TELEPHONICALLY AT THE HEARING ON PLAINTIFF'S MOTION TO STRIKE THE ANSWER OF ELITESECURITY US, LLC Judge: Jeremy Fogel Dept.: 3 Hearing Date: July 11, 2008 Time: 9:00 a.m.

----------[Proposed] ORDER Having reviewed the file and the request in this matter, and for good cause appearing, IT IS SO ORDERED that ADT's request to appear telephonically at the hearing on Plaintiff's Motion to Strike the Answer of EliteSecurity US, LLC is hereby GRANTED.

6/24/08 DATED:_________________________

____________________________ District Judge Jeremy Fogel United States District Court Northern District of California

Case 5:08-cv-01101-JF

Document 88

Filed 06/24/2008

Page 4 of 4

PROOF OF SERVICE I am employed in Houston, State of Texas and admitted in this matter pro hac vice. I am over the age of eighteen and my business address is Abbott, Simses & Kuchler, APLC, 1360 Post Oak Blvd., Suite 1700, Houston, Texas 77056. On June 23, 2008, I served the below-listed documents described as: ADT'S REQUEST TO APPEAR TELEPHONICALLY AT THE HEARING ON PLAINTIFF'S MOTION TO STRIKE THE ANSWER OF ELITESECURITY US, LLC On the following parties to this action via Hand Delivery, Electronic, or United States Mail: Gerald L. Roylance 1168 Blackfield Way Mountain View, CA 94040-2305 Plaintiff in Pro Per Michael G. Dini Triebsch & Frampton 300 N. Palm Street, P.O. Box 709 Turlock, California 95381-0709 Attorney for EliteSecurity.US, LLC William D. Chapman Robert J. Hadlock Smith, Chapman & Campbell 1800 North Broadway, Suite 200 Santa Ana, California 92706 Attorneys for Sean Hadlock I declare that I am a member of the Bar of Texas admitted in this matter pro hac vice and that the above is true and correct under penalty of perjury. Executed on June 23, 2008. By: __________/s/ Richard M. Simses Richard M. Simses (pro hac vice)