Free Notice (Other) - District Court of California - California

Case 3:07-cv-05094-CRB

Document 11

Filed 01/18/2008

Page 1 of 1

MASON
4900 Woodway Suite 745 Houston, Texas 77056

&

PETRUZZI
January 18, 2008

Telephone: (713) 840-9993 Facsimile: (713) 877-9100 [email protected]

JAMES D. PETRUZZI

Honorable Magistrate Judge Joseph C. Spero United States District Court, Courtroom A 15th Floor Northern District of California 450 Golden Gate San Francisco, CA 94102 Re: Junker V. HDC Corporation, Civil Action NO. 3:07-Cv-5094

Dear Judge Spero: I represent the Plaintiff Larry Junker in the above matter. A Case Management Conference and Order to Show Cause hearing has been set for February 15, 2008 at 1:30 pm in part due to my non-attendance at the original hearing. First, I wish to apologize to the Court for my failure to advise the Court in a timely manner regarding the default of the Defendant and the resultant lack in a scheduling conference statement. This lapse was inadvertent and due in part to our difficulty in getting confirmation regarding filing of the affidavit of service. Due to a pre-scheduled deposition in another matter, I am requesting a continuance of the hearing until February 22, 2008 and the opportunity to attend via telephone at (713) 840-9993. The defendant has not appeared in this matter and Plaintiff has filed a request of the clerk to enter default. We anticipate seeking leave of court thereafter to conduct limited discovery of the defendant regarding damages. Thank you for your attention to this matter. Yours very truly,

James D. Petruzzi

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