Free Declaration in Support - District Court of California - California

Case 3:07-cv-05032-MMC

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Filed 01/03/2008

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE PRINTING ) SPECIALTIES AND PAPER PRODUCTS JOINT ) EMPLOYER AND UNION HEATH AND WELFARE ) FUND ) ) ) Plaintiff, ) ) vs. ) ) CLOISTER PRESS, a California ) corporation ) ) Defendant. ) ____________________________________ ) I, MICHAEL J. CARROLL, certify: 1.

NO.

C 07 5032 EDL

DECLARATION OF ATTORNEY MICHAEL J. CARROLL IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

I am an attorney with the law firm of Erskine & Tulley,

A Professional Corporation, attorneys for plaintiff, BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND, in this action. I am duly admitted to

practice law in the United States District Court, Northern District of California. If called as a witness, I could and would competently

testify as follows: 2. Service was accomplished upon the only party in this

DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 1

Case 3:07-cv-05032-MMC

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case on December 18, 2007. No responsive pleading has yet been filed. A Default will be taken as soon as practical. 3. It is requested that the Court continue the Case

Management Conference some ninety days hence, to April 8, 2008, to provide time to either settle the case or file a motion for default judgment. 4. Good cause exists to grant plaintiff's request for a

continuance of the Case Management Conference currently set for January 8, 2008 to April 8, 2008. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on January 3, 2008 at San Francisco, California. /s/ Michael J. Carroll Michael J. Carroll

DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 2

Case 3:07-cv-05032-MMC

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PROOF OF SERVICE BY MAIL I am a citizen of the United States and employed in the City and County of San Francisco, California. I am over the age of eighteen

years and not a party to the within above entitled action; my business address is 220 Montgomery Street, Suite 303, San Francisco, CA 94104. On January 3, 2008 I served the within DECLARATION OF MICHAEL J. CARROLL IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE on the defendant in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San Francisco, CA, addressed as follows: Cloister Press 15 Apparel Way San Francisco, CA 94124 I, SHARON EASTMAN, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on January 3, 2008 at San Francisco, CA.

/s/Sharon Eastman Sharon Eastman

DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 3