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Cervantes v. Sao, 1:15-cv-00023-SAB. (2015)

Court: District Court, E.D. California Number: infdco20150715705 Visitors: 10
Filed: Jul. 13, 2015
Latest Update: Jul. 13, 2015
Summary: PLAINTIFF'S MOTION FOR CONTINUANCE OF THE SCHEDULING CONFERENCE, DECLARATION IN SUPPORT PLAINTIFF, THEREOF, AND ORDER GRANTING THEREOF STANLEY A. BOONE , District Judge . Plaintiff hereby submits, and requests, through this motion for a continuance of the scheduling conference, that the court, through its tolerance, continue the scheduling conference for at thirty (30) days, in which to give plaintiff the necessary time to finish serving defendants with process. DECLARATION IN SUPPORT OF M
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PLAINTIFF'S MOTION FOR CONTINUANCE OF THE SCHEDULING CONFERENCE, DECLARATION IN SUPPORT PLAINTIFF, THEREOF, AND ORDER GRANTING THEREOF

Plaintiff hereby submits, and requests, through this motion for a continuance of the scheduling conference, that the court, through its tolerance, continue the scheduling conference for at thirty (30) days, in which to give plaintiff the necessary time to finish serving defendants with process.

DECLARATION IN SUPPORT OF MOTION

I, DANIEL MALAKAUSKAS, declare under penalty of perjury under the laws of the State of California that the following is true and correct:

1. I am an attorney representing the plaintiff, Cynthia Hopson, in this lawsuit. I am competent to testify and am personally familiar with the facts of this case. I became personally familiar with the facts of this case either through my own personal knowledge, information my client and, or, private investigator, and, or, process server, and, or, records researcher gave me, or be reviewing the Court's case file. If called to testify, I would testify as follows:

2. On January 7thth, 2015, I filed this action.

3. In, or around, late January 2015, I hired a relatively inexperienced process server to serve process. I was unsatisfied with the results.

4. In response, I asked the court for a continuance and hired a corporate process server company, ONE LEGAL.

5. On June 26th, 2015, Defendant, CHAYRA SAO, was served.

6. On July 8th, 2015, I received an email from the corporate process server company stating that the other co-defendant, PRESSLEE KHEANG had been served. I have not yet received a proof of service from the company.

7. I ask that this court grant a continuance to allow Defendants the proper time to answer. If defendants fail to answer, I will file a request for entry of default.

ORDER

IT IS HEREBY ORDERED, that the pretrial scheduling conference is continued from July 17, 2015 to August 24, 2015 at 9:45 a.m. before Magistrate Judge Stanley A. Boone.

IT IS SO ORDERED.

Source:  Leagle

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