Free Motion to Continue - District Court of California - California

Case 3:08-cv-00765-VRW

Document 4

Filed 04/17/2008

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1 ANNETTE L. HURST (Bar No. 148738)
ELISABETH R. BROWN (Bar No. 234879)

2 HELLER EHRMAN LLP 333 Bush Street 3 San Francisco, California 94104-2878 Telephone: +1.415.772.6000 4 Facsimile: +1.415.772.6268 Email: [email protected] [email protected] 5 6 Attorneys for Plaintiffs GYM-MARK, INC.
and THE GYMBOREE CORPORATION

7 8 9 10
CORPORATION, Plaintiffs, v. ONLY THE BEST, INC. d/b/a CRAZY SHIRTS, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No.: C 08-00765 VRW

11 GYM-MARK, INC. and THE GYMBOREE 12 13 14 15 16 17 18 19

MOTION FOR ADMINISTRATIVE RELIEF AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE CASE MANAGEMENT CONFERENCE Pursuant to Local Rule 7-11, Plaintiffs Gym-Mark, Inc. ("Gym-Mark") and The

20 Gymboree Corporation ("Gymboree") (collectively, "Plaintiffs"), by and through their 21 undersigned counsel, Heller Ehrman LLP, hereby move the Court to continue the May 8, 22 2008 Case Management Conference until July 17, 2008. 23 Plaintiffs filed the above-captioned lawsuit on February 1, 2008, but have refrained

24 from serving the Complaint on Defendant Only the Best, Inc. ("Defendant") while the 25 parties engage in settlement discussions. See Declaration of Elisabeth R. Brown in Support 26 of Motion for Administrative Relief to Continue Case Management Conference ¶ 2. The 27 settlement discussions are ongoing (id.), and Federal Rule of Civil Procedure 4(m) gives
Heller Ehrman LLP

28 Plaintiffs until June 2, 2008 to effectuate service. At least by that date, either the
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MOTION FOR ADMINISTRATIVE RELIEF AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C 08-00765 VRW

Case 3:08-cv-00765-VRW

Document 4

Filed 04/17/2008

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1 discussions will have resolved the matter or an impasse will result in service. Because 2 Defendant has not yet appeared, Plaintiffs request that the Court continue the May 8, 2008 3 Case Management Conference until July 17, 2008 at 3:30 p.m., and that all other deadlines 4 be continued accordingly. 5 6 7 8 9 10 11 12 13 14 15 16 [PROPOSED] ORDER IT IS SO ORDERED that the Case Management Conference presently scheduled in this matter for May 8, 2008 at 3:30 p.m. be continued until July 17, 2008 at 3:30 p.m.. All other deadlines shall be continued accordingly.
____________________ _ ______ THE HONORABLE VAUGHN R. WALKER United States District Court Judge DATED: April 17, 2008

Respectfully submitted, HELLER EHRMAN LLP By____/s/ Annette L. Hurst______ Annette L. Hurst Attorneys for Plaintiffs Gym-Mark, Inc. and The Gymboree Corporation

17 DATED: 18 19 20 21 22 23 24 25 26 27
Heller Ehrman LLP

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MOTION FOR ADMINISTRATIVE RELIEF AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C 08-00765 VRW