Free Motion to Continue - District Court of California - California

Case 3:08-cv-00963-EMC

Document 4

Filed 05/01/2008

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H OPKINS & C ARLEY
ATTORNEYS AT L AW SAN JOSE

Eugene Ashley, Bar No. 171885 [email protected] Noelle R. Dunn, Bar No. 226913 [email protected] HOPKINS & CARLEY A Law Corporation The Letitia Building 70 S First Street San Jose, CA 95113-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Plaintiff POWERSPEAKING, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

POWERSPEAKING, INC., a California Corporation, Plaintiff, v. PATRICIA SMITH-PIERCE, an individual, POWER SPEAKING CONSULTANTS, an unknown entity, and DOES 1 through 20, inclusive, Defendant.

CASE NO. C-08-00963 EMC PLAINTIFF POWERSPEAKING, INC.'S REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

Pursuant to Civil Local Rule 6-3, Plaintiff PowerSpeaking, Inc. ("Plaintiff") respectfully requests that the Court continue the initial Case Management Conference, currently scheduled for May 21, 2008, to July 2, 2008. The complaint in this matter was filed on February 14, 2008. Service of the summons and complaint was postponed for several weeks while Plaintiff invited defendant Patria Smith-Pierce and defendant Power Speaking Consultants ("Defendants") to enter into discussions aimed at finding a mutually acceptable resolution. (Declaration of Noelle Dunn in Support of Request to
634\584653.1

REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

C-08-00963 EMC

Case 3:08-cv-00963-EMC

Document 4

Filed 05/01/2008

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H OPKINS & C ARLEY
ATTORNEYS AT L AW SAN JOSE

Continue Initial Case Management Conference ("Dunn Decl."), ¶ 3.) When Defendants declined to proceed with the proposed discussions, the summons and complaint were sent out for service. (Dunn Decl., ¶¶ 4, 5.) Plaintiff has not yet received confirmation that service has completed, but excepts that it will be completed within the next few days. (Dunn Decl., ¶ 6.) Accordingly, Plaintiff requests that the initial Case Management Conference be continued to July 2, 2008 in order to give the parties to adequate time to meet and confer pursuant to Federal Rule of Civil Procedure 26. Dated: May 1, 2008 HOPKINS & CARLEY A Law Corporation

By:

/s/ Eugene Ashley Noelle R. Dunn Attorneys for Plaintiff POWERSPEAKING, INC.

634\584653.1

-2C-08-00963 EMC

REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE