Free Declaration in Support - District Court of California - California

Case 3:07-cv-05032-MMC

Document 14

Filed 04/08/2008

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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

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES, etc., ) ) ) Plaintiff, ) ) vs. ) ) CLOISTER PRESS, etc., ) ) Defendant. ) ____________________________________) NO. C 07 5032 EDL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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

I, MICHAEL J. CARROLL, certify: 1. 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 No responsive pleading was filed.

case on December 18, 2007. 3.

On January 11, 2008 the default of defendant was

entered by the Court.
DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONF. 1

Case 3:07-cv-05032-MMC

Document 14

Filed 04/08/2008

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4.

Plaintiff

will

file

a

motion

for entry of

default judgment as soon as all documents have been obtained. 5. It is requested that the Court continue the Case Management Conference to June 10, 2008 to allow plaintiff time to file the motion. 6. Good cause exists to grant plaintiff's request for a

continuance of the Case Management Conference currently set for April 15, 2008 to June 10, 2008 because of the impossibility of plaintiff to file a motion for default judgment at this time and to avoid any unnecessary burden to the Court. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on April 8, 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 CONF. 2