Free Order - District Court of California - California

Case 3:08-cv-01352-EDL

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Filed 06/12/2008 06/16/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division MELISSA K. BROWN (CABN 203307) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6962 FAX: (415) 436-6748 [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 By special appearance the Federal Defendant requests that the Initial Case Management 19 Conference currently scheduled for June 17, 2008 in the above-referenced matter be continued. 20 The Federal Defendant has not been not served in accordance with Rule 4 of the Federal Rules of 21 Civil Procedure. The Federal Defendant cannot waive proper service. Moreover, even if the 22 Federal Defendant had received proper service, a responsive pleading is not due until July 18, 23 2008 pursuant to Rule 12 (a)(2) of the Federal Rules of Civil Procedure. Further, Plaintiff's 24 counsel did not contact the undersigned to regarding the filing of Joint Case Management 25 Statement. 26 27 28
FEDERAL DEFENDANT'S REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER C-08-01352 EDL

JULIE MACARAIG, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. C-08-01352 EDL FEDERAL DEFENDANT'S REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Date: June 17, 2008 Time: 10:00 a.m.

Case 3:08-cv-01352-EDL

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Filed 06/12/2008 06/16/2008

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For the foregoing reasons, the Federal Defendant respectfully requests a continuance of the case management conference until after July 18, 2008.

DATED: June 12, 2008

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney s/Melissa Brown ________________________________ MELISSA K. BROWN Assistant United States Attorney

[PROPOSED] ORDER 12 For good cause showing, the Initial Case Management Conference in the above-captioned 13 matter, currently scheduled for June 17, 2008 is VACATED. The Initial Case Management 14 15 IT IS SO ORDERED 16 17 18 19 20 21 22 23 24 25 26 27 28
FEDERAL DEFENDANT'S REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER 2 C-08-01352 EDL
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22 Conference will be CONTINUED to July __, 2008.
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June 16, 2008 DATED: _______________

______________________________ ER C ELIZABETH D. LAPORTE UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
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