Free Motion to Continue - District Court of California - California

Case 3:07-cv-03207-SI

Document 36

Filed 08/14/2008

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 Shaamini A. Babu, Esq. (SBN 230704) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 4 (415) 882-7900 (415) 882-9287­ Facsimile 5 [email protected] [email protected] 6 [email protected] 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA FLOOR et al.; 13 Plaintiffs, 14 v. 15 BEVIL'S FLOOR SERVICES, INC. 16 Defendant. 17 18 19 Judge: The Honorable Susan Illston 20 21 I, Michele R. Stafford, declare as follows: 22 23 1. 2. I am counsel for plaintiffs in the within matter. Plaintiffs filed their Motion for Default Judgment on May 13, 2008. The Motion Case No.: C 07-3207 SI REQUEST TO CONTINUE, OR ALTERNATIVELY, REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING Date: August 15, 2008 Time: 9:00 a.m. Courtroom: 10, 19th Floor 450 Golden Gate Avenue San Francisco, California

24 hearing date of July 18, 2008 was rescheduled by the Court to August 15, 2008. Due to an 25 unexpected conflict, I am unable to appear at the hearing tomorrow. 26 3. I am requesting that the Court continue the hearing to August 22, 2008, one week

27 from tomorrow, so that I can personally attend the hearing. 28 1
REQUEST TO CONTINUE CASE NO.: C07-3207 SI
P:\CLIENTS\FLRCL\Bevil's Floor Services\Pleadings\C07-3207 SI Request to Continue 081408.DOC

Case 3:07-cv-03207-SI

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Filed 08/14/2008

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4.

In the alternative, I am requesting that the Court enter Default Judgment without

2 the necessity of a hearing. Defendants were served with the Motion for Default Judgment to be 3 heard on June 18, 2008 by Magistrate Larson, with the renoticed motion hearing date of July 18, 4 2008 filed upon reassignment of the case to Judge Susan Illston, with the Supplemental 5 Declarations, and with this Request. Defendants have had more than the allowed time to file a 6 response or otherwise respond to plaintiffs' Motion. As no appearance has been made, and no 7 response filed or otherwise forthcoming, plaintiffs request that Judgment be entered without the 8 necessity of a hearing. As recovery is always uncertain, keeping the attorneys fees and costs at a 9 minimum is imperative. 10 11 Date: August 14, 2008 12 13 14 15 16 17 18 ORDER Good cause appearing, plaintiffs' Motion for Entry of Default Judgment is hereby continued to _____________________ at __________. ____________________________________ THE HONORABLE SUSAN ILLSTON Respectfully submitted, SALTZMAN AND JOHNSON LAW CORPORATION ______________/s/_________________ Michele R. Stafford Attorneys for Plaintiffs

19 Dated: ___________ 20 21 22 23 Dated: ___________ 24 25 26 27 28

ORDER Good cause appearing, plaintiffs' Motion for Entry of Default Judgment is Granted. ____________________________________ THE HONORABLE SUSAN ILLSTON

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REQUEST TO CONTINUE CASE NO.: C07-3207 SI
P:\CLIENTS\FLRCL\Bevil's Floor Services\Pleadings\C07-3207 SI Request to Continue 081408.DOC

Case 3:07-cv-03207-SI

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1 2 I, the undersigned, declare: 3 4 5 6 7 8 9 10

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104. On August 14, 2008, I served the following document(s): REQUEST TO CONTINUE, OR ALTERNATIVELY, REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING on the interested parties in said action by placing a true and exact copy of each document in a

11 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 12 Francisco, California, addressed as follows: 13 14 15 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE

Benny W. Bevil Bevil's Floor Service, Inc. 533 Burke Street San Jose, California 95112

declaration was executed on this 14th day of August, 2008, at San Francisco, California.

________________/s/________________ Vanessa de Fábrega

Case No.: C08-0530 MMC