Free Ex Parte Application - District Court of California - California

Case 3:07-cv-06169-BZ

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Filed 02/07/2008

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DAVID HICKS, APLC DAVID HICKS, STATE BAR Nos. CALIF., 2200 POWELL STREET, SUITE 990 EMERYVILLE CA 94608

053750;

NEW YORK,

2051266

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[51 0] 595-2000; FAX [51 0] 594-9555
COUNSEL FOR PLAINTIFF E

& M TRUST

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UNITED STATES DISTRICT COlJRT NORTHERN DISTRICT OF CAUFORNIA
E&M TRUST, Plaintiff, v. ] Case No. C07-06169 BZ ]

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] ] PLAINTIFF E&M TRUST'S EX ] PARTE APPLICATION TO INTERNATIONAL HOLDING
] ENLARGE TIME TO RESPOND TO CORPORATION OF NEVADA, and
Joseph Mathew Kelaidis, James Mathew
] DEFENDANTS' MOTION TO ] DISMISS FOR LACK OF SUBJECT Kelaidis, Individually and Officers of
] MATTER JURISDICTION AND International Holding Corporation of
] FOR FAILURE TO STATE A Nevada;
] CLAIM OR IN THE ] ALTERNATIVE M06TION FOR Gregory S. Soter, and Alan L. Rossi;
PB TRADING S.A. and Jaime S. Dreyfus
] MORE DEFINITE STATEMENT.
Zamokevich, Individually and as Director
] ] of PB Trading;
Assigned to: Hon. Bernard ] Zimmerman ] ABN AMRO BANK, N.A., PB Trading,
] Date Action Filed: December 5, 2007 And Rudy Beckman, Grip Verkin, J.
] Trial Date: Not yet set Richter, Jamie S. Dreyfus Zamokevich,
] Individually and Officers and Directors of
] Hearing: , 2008 Said Corporation; John Doe 1-20;
] Time: 10:a.m. ] ] Defendants. ]

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EX PARTE APPLICATION FOR HEARING RE MOTION TO ENLARGE TIME CASE NO. C07-06169 BZ 1

Case 3:07-cv-06169-BZ

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Filed 02/07/2008

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TO THE COURT AND APPEARING PARTIES AND THEIR COUNSEL: Plaintiff E&M Trust, through its counsel, hereby applies to extend time for which plaintiffs counsel may respond to defendants' Messrs. Soter and Rossi's MOTION To DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE To STATE A CLAIM ORIN THE ALTERNATIVE MOTION FOR MORE DEFINITE STATEMENT. This application also requests the briefing order on said motion be stayed pending resolution of this application. This application is made for good cause pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Local Rule 6-3 is one of the forms of ex parte application permitted pursuant to Local Rule 7-10. E&M Trust requests a 45 day extension of time to respond for the reasons provided in the accompanying affidavit. Dated: February 6, 2008, below. Respectfully submitted:

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DAVID HICKS, ATTORNEY FOR PLAINTIFF


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EX PARTE APPLICATION FOR HEARING RE MOTION TO ENLARGE TIME CASE NO. C07-06169 BZ
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