Free Motion to Continue - District Court of California - California

Case 3:08-cv-00640-JAH-BLM

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Filed 04/22/2008

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IN

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THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MICHAEL HAND, v. Plaintiff Case No . 08cv0640-JAH (BLM) UNOPPOSED REQUEST TO RESCHEDULE THE EARLY NEUTRAL EVALUATION CONFERENCE DUE TO TRIAL CONFLICT

LIBERTY LIFE ASSURANCE COMPANY ) ) OF BOSTON, FLOYD OLSON and BARBARA E. COFFMAN ) Defendants .

Floyd Olson and Barbara E. Coffman ("Defendants"), through their undersigned attorney, respectfully request that the Court reschedule the Early Neutral Evaluation Conference ("ENE Conference") scheduled far April 29, 2008, and in support state as follows : The captioned case was previously pending in the United States District Court for the Northern District ofIllinois ("NDIL Court") . 2. On March 31, 2008, the NDIL Court granted Defendants' Motion to

Transfer and transferred this case to the captioned Court. On April 11, 2008, this Court entered an order setting the ENE Conference for April 29, 2008 at 2 :00 p.m. PDT ("ENE Conference Order"). On April 16, 2008, counsel for Defendants received a copy of the ENE Conference Order. 4. Defendants believe that that there is goad cause to reschedule the ENE

Conference based on the facts set forth below. Their request is not sought for any purpose ofdelay. 5. Paula K. Jacobi is trial counsel for Defendants in this matter.

UNOPPOSED REQUEST TO RESCHEDULE THE EARLY NEUTRAL EVALUATION CONFERENCE DUE TO TRIAL CONFLICT

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Case 3:08-cv-00640-JAH-BLM

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6.

Ms. Jacobi is also trial counsel to RT Jedburg Commerce Park, LLC

("Landlord") in the Chapter 11 bankruptcy proceeding ofAmerican LaFrance, LLC ("Debtor") which is pending in the Bankruptcy Court for the District of Delaware ("Bankruptcy Court") as Case No . 08-10178 . 7. Prior to issuance ofthe ENC Order, the Bankruptcy Court scheduled trial

on the contested hearing to consider confirmation of the Third Amended Plan of Reorganization filed by Debtor for April 29, 2008 commencing at 2 :00 p.m. EDT. Attached as Exhibit A is a copy ofthe order scheduling the confirmation hearing . 8. The Landlord is contesting confirmation as well as the Debtor's request to

assume the lease on the terms proposed by Debtor . Ms. Jacobi is the sole trial counsel representing Landlord . Ms. Jacobi has taken all of the depositions in the case and other discovery . Ms . Jacobi must be at the contested hearings to prosecute the Landlord's objections . 9. Ms. Jacobi fully anticipates that the contested hearings will not end by

2 :00 p.m. PDT making it impossible for her to initiate or participate in the ENE Conference ifit proceeds on April 29°'. 10 . One ofthe purposes of an ENE Conference is for the Court and the parties

to attempt settlement of the matter. Ms. Jacobi believes that thus case is ripe for settlement and hopes that this Court would be able to assist the parties in the settlement of this matter. Ms. Jacobi would like the opportunity to participate in the ENE Conference so that she can represent Defendants in any settlement discussions .

UNOPPOSED REQUEST TO RESCHEDULE THE EARLY NEUTRAL EVALUATION CONFERENCE DUE TO TRIAL CONFLICT

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Case 3:08-cv-00640-JAH-BLM

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11 .

Defendants' counsel has spoken with Hand's counsel, and he does not

oppose this request. 12. Conference . VIF]EREFORE, Floyd Olson and Barbara A. Coffman respectfully request entry of an Order rescheduling the Early Neutral Evaluation Conference to a date certain after April 29, 2008 . Accordingly, Ms. Jacobi requests that the Court reschedule the ENE

Respectfully Submitted, FLOYD OLSON & BARBARA E. COFFMAN /s/Paula K Jacobi One of their attorneys Paula K. Jacobi Sugar, Friedberg & Folsenthal LLP 0 North LaSalle Street/Suite 3000 hicago,111inois 60602 0312) 704-9400

UNOPPOSED REQUEST TO RESCHEDULE THE EARLY NEUTRALEVALUATION 3 CONFERENCE DUE TO TRIAL CONFLICT

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Case 3:08-cv-00640-JAH-BLM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25 Paula h'.. Jacobi Sugar, Friedberg & Felsenthal LLP 30 North LaSalle StreeVSuite 3000 Chicago, Illinois 60602 (312) 704-9400 MICHAEL HAND, v. Plaintiff

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Case No. 08cv0640-JAH ((BLM) i

LIBERTY LIFE ASSURANCE COMPANY ) ) OF BOSTON, FLOYD OLSON and BARBARA E. COFFMAN ) ) Defendants . )

PROOF OF SERVICE 1, Kendra L. Hewitt, a non-attorney, state under penalty of perjury, thatiJ caused to be served on April 22, 2008 a true and correct copies of this Proofof Service and UNOPPOSED REQUEST TO RESCHEDULE THE EARLY NEUTRAL EVALUATION ; CONFERENCE DUE TO TRIAL CONFLICT upon the following : By U.S. Mail, on the following counsel, on April 22,2008 : Michael Hand 207 N. Watersedge Unit 302 Glendale Heights, IL 60139 Edward Sedlacek Mark S. Bishop Lawrence A. Stein Huck, Bourna, Martin, Jones & Bradshaw,P.C. 1755 South Naperville Road Suite 200 Wheaton, I L 60187-8132 Sara Amy Weinberg Ashley B Abel Jackson Lewis LLP 320 West Ohio Street Suite 500 Chicago, IL 60610 Respectfully Submitted, FLOYD OLSON & BARBARA 1, . COFFMAN /c/ Paula K. .7acobi One of their attorneys

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