Free Declaration in Support - District Court of California - California

Case 3:07-cv-04333-PJH

Document 10

Filed 11/15/2007

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Willie E. Phillips, #56009 LAW OFFICE OF WILLIE E. PHILLIPS 484 Lake Park Avenue, #335 Oakland, CA 94610 Tel: (510) 451-2222 Fax: (510) 451-2235 Attorney for Appellant/Plaintiff Cherie Ivey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco) In Re: PROS RIVERA, Debtor, CHERIE IVEY, Plaintiff, vs. PROS RIVERA, Defendant. SUPPLEMENTAL "EMERGENCY" DECLARATION OF ATTORNEY FOR APPELLANT IN SUPPORT OF A THREE (3) WEEK EXTENSION TO FILE APPELLANT'S OPENING BRIEF AND APPELLEE RESPONSIVE BRIEF PURSUANT TO JOINT REQUEST OF APPELLANT AND APPELLEE Bankruptcy No.: 05-32090 TEC Adversary Proceeding No. 05-3441 Civil Number: CV 07-04333PJH

I Willie E. Phillips, Attorney for the Appellant, declare as follows: 1. I am the Attorney of record for the Appellant/Plaintiff Cherie Ivey in the Appeal filed with the District Court. The Appellant's Opening Brief was due on November 13, 2007. Because of illness which commenced on Friday, November 9, 2007, I could not complete the Appellant's Opening Brief that was due on Tuesday, November 13, 2007. 2. I contacted Sacramento Attorney Carolle R. Hudson and requested that she assist me in submitting an "Emergency" Application and Motion to obtain an Order Extending the due date for the filing the Appellant's Opening Brief one week from November 13, 2007. The "Emergency" Motion was completed on and served on the Appellee's Attorney Chris Kuhner and filed with the District Court Clerk's Office by

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Case 3:07-cv-04333-PJH

Document 10

Filed 11/15/2007

Page 2 of 2

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Attorney Carolle R. Hudson. 3. I response to the "Emergency Motion" to Extend the filing Deadline, Appellee Attorney Chris Kuhner requested that the District Court Approve the Extension of the filing Deadline, but requests that the Extension be for three (3) weeks. The Appellant hereby joins with the Appellee and requests that the Deadline to file the Appellant's Opening Brief and Appellee's Responsive Brief for the three (3) weeks. I declare under penalty of perjury that the foregoing Declaration is true and correct and that it was executed on November 15, 2007 in the City of Oakland, California.

/s/ __________________________________________ Willie E. Phillips, Attorney for Plaintiff/Appellant

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