Free Response to Order to Show Cause - District Court of California - California

Case 3:07-cv-04946-JSW

Document 22

Filed 12/04/2007

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) P A N IF ' E P N ET ORDER L I TF S R S O S O TO SHOW CAUSE RE COMPLIANCE WITH ORDER DATED NOVEMBER 7, 2007

By order dated November 29, 2007 (" oe br 9 re )t C ut i c d ln f N vm e 2 O dr ,h ord et p i is " e r e a tf to explain why plaintiffs had failed to serve four defendants (Jian Xiao, Wei-Man Tse, Victor So adMo yL u wt t C ut pi odr a dN vm e 7 20 ( oe br O dr . n l a) i h ors r r re dt oe br , 07 " vm e 7 re ) l h e ' o e N " The November 7 Order had directed plaintiffs to show cause on two issues (1) whether the case should be stayed in its entirety or (2) solely as to defendant Molly Lau, because of her apparent -1P A N IF ' L I TF S RESPONSE TO ORDER TO SHOW CAUSE/ Case No.: C-07-04946 JSW

Case 3:07-cv-04946-JSW

Document 22

Filed 12/04/2007

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status as a member of the United States Army on active duty and stationed in South Korea. The November 7 Order directed plaintiffs to serve a copy of it on the defendants and to file a proof of service with the Court by November 15. As the accompanying declarations of Stephen S. Wu and Christopher Cooke explain, plaintiffs failed to serve these four defendants with a copy of the November 7 Order through inadvertenc.Pa tf cusl not notice the provision in the November 7 Order requiring e ln f ' onedid i is them to serve it on defendants until November 28, when counsel examined the November 7 Order in order to begin preparing a substantive response, which was then due on December 6. T r ty h sut n p i iscuslm eie sre a oy fh N vm e 7O dr o e i t i ao, ln f ' onei m d ty e d cp o t oe br re cf e t i a tf al v e on defendants and directed p i isprocess servers to serve a copy of it and the new November ln f ' a tf 2 O dro t r a i usre df dn .O Fi y N vm e 3, ln f ' one 9 re n h e i n ne d e nat n r a, oe br 0 p i is cusl , e m ng v e s d a tf sre t df dn wt t N vm e 2 O dr Pa tf counsel apologizes to the Court e d h e nat i h oe br 9 re ln f ' v e e s h e . i is for this lapse and will take steps to ensure that nothing similar occurs again. From now on, both attorneys working on this matter --Christopher Cooke and Stephen Wu--will review all Court orders as soon as they are issued and will confer with one another to make sure that any similar directives from the Court are promptly followed.

Respectfully Submitted, COOKE, KOBRICK, & WU LLP Dated: December 4, 2007 /s/ By: STEPHEN S. WU Attorneys for Plaintiffs

-2P A N IF ' L I TF S RESPONSE TO ORDER TO SHOW CAUSE/ Case No.: C-07-04946 JSW