Unopposed Motion for Administrative Relief (to Continue Case Management Conference) filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) (Proposed) Order)(Southworth, Peter) (Filed on 1/3/2012) Text modified on 1/5/2012 (bw, COURT STAFF).
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Page 1 Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page1 of 3
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KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
State Bar No. 160522
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 445-1685
Fax: (916) 324-8835
E-mail: Peter.Southworth@doj.ca.gov
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Attorneys for All Defendants
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3
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Think Computer Corporation ,
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v.
5:11-cv-05496-HRL
Plaintiff, Unopposed Motion for Administrative
Relief (to Continue Case Management
Conference)
Current Date: January 10, 2012
Time:
1:30 pm
Courtroom: 2
Judge
The Honorable Howard R. Lloyd
Trial Date: Not Set
Action Filed: November 14, 2011
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Defendants.
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28
1
Motion to Continue CMC (5:11-cv-05496-HRL)Page 2 Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page2 of 3
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Defendants ROBERT VENCHIARUTTI, in his official capacity as Deputy Commissioner
2
of the California Department of Financial Institutions, WILLIAM HARAF, in his official
3
capacity as Commissioner of the California Department of Financial Institutions, TRACI
4
STEVENS, in her official capacity as Acting Secretary of the California Business, Transportation
5
and Housing Agency, JACOB A. APPELSMITH, in his official capacity as Senior Advisor to the
6
Governor of the State of California, EDMUND G. BROWN, JR., in his official capacity as
7
Governor of the State of California, and KAMALA HARRIS, in her official capacity as Attorney
8
General of the State of California (collectively, the “State Defendants”) hereby file this
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unopposed motion for administrative relief pursuant to Local Rules 7-11 and 16-2(d) to continue
10
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the initial Case Management Conference (CMC) and associated dates.
The State Defendants move to continue the initial CMC from January 10 to January 31,
12
2012. Counsel for the State Defendants has spoken with Michael Brooks Carroll, Esq, who will
13
be filing a notice of appearance in this action for plaintiff Think Computer Corporation, and Mr.
14
Carroll indicated plaintiff was not opposed to this short continuance.
15
This application is supported by the attached Memorandum of Points and Authorities and
16
Certification of Counsel.
17
Dated: January 3, 2012
Respectfully submitted,
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KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
19
20
21
/s
PETER SOUTHWORTH
Supervising Deputy Attorney General
Attorneys for All Defendants
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23
24
25
MEMORANDUM OF POINTS AND AUTHORITIES
26
Basis for Continuance/Certification Re: Lack of Opposition
27
On November 14, 2011, the President of plaintiff Think Computer Corporation filed a
28
complaint in this matter against the State Defendants. After plaintiff’s efforts to serve summons
2
Motion to Continue CMC (5:11-cv-05496-HRL)Page 3 Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page3 of 3
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and complaint on the various defendant state officials, counsel for the State Defendants proposed
2
that the Attorney General accept service of the summons and complaint for all defendants,
3
effective December 23, 2011. Plaintiff Think Computer Corporation agreed.
4
The State Defendants then indicated they would seek to continue the initial CMC and also
5
move to strike the complaint, since the corporate plaintiff was not represented by a member of the
6
bar of this Court. In response, Think Computer Corporation indicated that it was retaining
7
counsel, Mr. Michael Brooks Carroll. On January 3, 2012, I spoke with Mr. Carroll, who
8
indicated he would be filing a notice of appearance for plaintiff.
9
In light of the relatively recent entry of counsel for the State Defendants into this action and
10
the even more recent appearance of counsel for plaintiff Think Computer Corporation, the State
11
Defendants proposed a first-time continuance of the initial CMC, currently set for January 10. I
12
certify that counsel for Think Computer Corporation indicated he would not oppose a continuance
13
to January 31, 2012, at 1:30 p.m. Accordingly, the State Defendants file this application.
14
15
Proposed New Schedule
The State Defendants propose a new initial CMC date of January 31, 2012, at 1:30 pm, with
16
the following new deadlines consistent with that continuance: last date to meet and confer on
17 Rule 26 issues and file ADR certification, etc.: January 11; last date to file Rule 26 Report,
18
complete disclosures or file objections, and file CMC Statement: January 24, 2012.
19
Dated: January 3, 2012
Respectfully submitted,
20
KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
21
22
23
/s
PETER SOUTHWORTH
Supervising Deputy Attorney General
Attorneys for All Defendants
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25
26
27
28
3
Motion to Continue CMC (5:11-cv-05496-HRL)Page 4 Case5:11-cv-05496-HRL Document13-1 Filed01/03/12 Page1 of 2
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2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Think Computer Corporation ,
v.
5:11-cv-05496-HRL
Plaintiff, [Proposed] Order Continuing Case
Management Conference Date and Related
Pre-Trial Dates
Current Date: January 10, 2012
Contined Date: January 31, 2012
Time:
1:30 pm
Courtroom: 2
Judge
The Honorable Howard R. Lloyd
Trial Date: Not Set
Action Filed: November 14, 2011
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Defendants.
26
27
Based on the unopposed motion to continue the initial Case Management Conference
28
(CMC) filed by defendants ROBERT VENCHIARUTTI, in his official capacity as Deputy
1
[Proposed] Order Continuing CMC (5:11-cv-05496-HRL)Page 5 Case5:11-cv-05496-HRL Document13-1 Filed01/03/12 Page2 of 2
1
Commissioner of the California Department of Financial Institutions, WILLIAM HARAF, in his
2
official capacity as Commissioner of the California Department of Financial Institutions, TRACI
3
STEVENS, in her official capacity as Acting Secretary of the California Business, Transportation
4
and Housing Agency, JACOB A. APPELSMITH, in his official capacity as Senior Advisor to the
5
Governor of the State of California, EDMUND G. BROWN, JR., in his official capacity as
6
Governor of the State of California, and KAMALA HARRIS, in her official capacity as Attorney
7
General of the State of California, the Court HEREBY ORDERS that:
8
9
10
The initial CMC in this matter set for January 10, 2012 is continued until January 31, 2012,
at 1:30 pm. The following deadlines shall now apply, consistent with that continuance and
defendants’ motion:
11
the last date to meet and confer re: initial disclosures, early settlement, ADR process
12
selection, discovery plan, file ADR certification, and file Stipulation to ADR Process or Notice of
13
Need for ADR Phone Conference is continued from December 20, 2011, to January 11, 2012;
14
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the last date to file Rule 26(f) Report, complete initial disclosures or file objection in Rule
26(f) Report and file CMC Statement is continued from January 3, 2013 to January 24, 2012.
Date:
____________________________
Howard R. Lloyd
United States Magistrate Judge
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[Proposed] Order Continuing CMC (5:11-cv-05496-HRL)
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page1 of 3
1
6
KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
State Bar No. 160522
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 445-1685
Fax: (916) 324-8835
E-mail: Peter.Southworth@doj.ca.gov
7
Attorneys for All Defendants
2
3
4
5
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12
13
Think Computer Corporation ,
14
15
16
17
18
19
20
21
22
23
24
25
26
v.
5:11-cv-05496-HRL
Plaintiff, Unopposed Motion for Administrative
Relief (to Continue Case Management
Conference)
Current Date: January 10, 2012
Time:
1:30 pm
Courtroom: 2
Judge
The Honorable Howard R. Lloyd
Trial Date: Not Set
Action Filed: November 14, 2011
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Defendants.
27
28
1
Motion to Continue CMC (5:11-cv-05496-HRL)
PDF Page 3
Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page2 of 3
1
Defendants ROBERT VENCHIARUTTI, in his official capacity as Deputy Commissioner
2
of the California Department of Financial Institutions, WILLIAM HARAF, in his official
3
capacity as Commissioner of the California Department of Financial Institutions, TRACI
4
STEVENS, in her official capacity as Acting Secretary of the California Business, Transportation
5
and Housing Agency, JACOB A. APPELSMITH, in his official capacity as Senior Advisor to the
6
Governor of the State of California, EDMUND G. BROWN, JR., in his official capacity as
7
Governor of the State of California, and KAMALA HARRIS, in her official capacity as Attorney
8
General of the State of California (collectively, the “State Defendants”) hereby file this
9
unopposed motion for administrative relief pursuant to Local Rules 7-11 and 16-2(d) to continue
10
11
the initial Case Management Conference (CMC) and associated dates.
The State Defendants move to continue the initial CMC from January 10 to January 31,
12
2012. Counsel for the State Defendants has spoken with Michael Brooks Carroll, Esq, who will
13
be filing a notice of appearance in this action for plaintiff Think Computer Corporation, and Mr.
14
Carroll indicated plaintiff was not opposed to this short continuance.
15
This application is supported by the attached Memorandum of Points and Authorities and
16
Certification of Counsel.
17
Dated: January 3, 2012
Respectfully submitted,
18
KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
19
20
21
/s
PETER SOUTHWORTH
Supervising Deputy Attorney General
Attorneys for All Defendants
22
23
24
25
MEMORANDUM OF POINTS AND AUTHORITIES
26
Basis for Continuance/Certification Re: Lack of Opposition
27
On November 14, 2011, the President of plaintiff Think Computer Corporation filed a
28
complaint in this matter against the State Defendants. After plaintiff’s efforts to serve summons
2
Motion to Continue CMC (5:11-cv-05496-HRL)
PDF Page 4
Case5:11-cv-05496-HRL Document13 Filed01/03/12 Page3 of 3
1
and complaint on the various defendant state officials, counsel for the State Defendants proposed
2
that the Attorney General accept service of the summons and complaint for all defendants,
3
effective December 23, 2011. Plaintiff Think Computer Corporation agreed.
4
The State Defendants then indicated they would seek to continue the initial CMC and also
5
move to strike the complaint, since the corporate plaintiff was not represented by a member of the
6
bar of this Court. In response, Think Computer Corporation indicated that it was retaining
7
counsel, Mr. Michael Brooks Carroll. On January 3, 2012, I spoke with Mr. Carroll, who
8
indicated he would be filing a notice of appearance for plaintiff.
9
In light of the relatively recent entry of counsel for the State Defendants into this action and
10
the even more recent appearance of counsel for plaintiff Think Computer Corporation, the State
11
Defendants proposed a first-time continuance of the initial CMC, currently set for January 10. I
12
certify that counsel for Think Computer Corporation indicated he would not oppose a continuance
13
to January 31, 2012, at 1:30 p.m. Accordingly, the State Defendants file this application.
14
15
Proposed New Schedule
The State Defendants propose a new initial CMC date of January 31, 2012, at 1:30 pm, with
16
the following new deadlines consistent with that continuance: last date to meet and confer on
17
Rule 26 issues and file ADR certification, etc.: January 11; last date to file Rule 26 Report,
18
complete disclosures or file objections, and file CMC Statement: January 24, 2012.
19
Dated: January 3, 2012
Respectfully submitted,
20
KAMALA D. HARRIS
Attorney General of California
PETER SOUTHWORTH
Supervising Deputy Attorney General
21
22
23
/s
PETER SOUTHWORTH
Supervising Deputy Attorney General
Attorneys for All Defendants
24
25
26
27
28
3
Motion to Continue CMC (5:11-cv-05496-HRL)
PDF Page 5
Case5:11-cv-05496-HRL Document13-1 Filed01/03/12 Page1 of 2
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Think Computer Corporation ,
v.
5:11-cv-05496-HRL
Plaintiff, [Proposed] Order Continuing Case
Management Conference Date and Related
Pre-Trial Dates
Current Date: January 10, 2012
Contined Date: January 31, 2012
Time:
1:30 pm
Courtroom: 2
Judge
The Honorable Howard R. Lloyd
Trial Date: Not Set
Action Filed: November 14, 2011
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Defendants.
26
27
Based on the unopposed motion to continue the initial Case Management Conference
28
(CMC) filed by defendants ROBERT VENCHIARUTTI, in his official capacity as Deputy
1
[Proposed] Order Continuing CMC (5:11-cv-05496-HRL)
PDF Page 6
Case5:11-cv-05496-HRL Document13-1 Filed01/03/12 Page2 of 2
1
Commissioner of the California Department of Financial Institutions, WILLIAM HARAF, in his
2
official capacity as Commissioner of the California Department of Financial Institutions, TRACI
3
STEVENS, in her official capacity as Acting Secretary of the California Business, Transportation
4
and Housing Agency, JACOB A. APPELSMITH, in his official capacity as Senior Advisor to the
5
Governor of the State of California, EDMUND G. BROWN, JR., in his official capacity as
6
Governor of the State of California, and KAMALA HARRIS, in her official capacity as Attorney
7
General of the State of California, the Court HEREBY ORDERS that:
8
9
10
The initial CMC in this matter set for January 10, 2012 is continued until January 31, 2012,
at 1:30 pm. The following deadlines shall now apply, consistent with that continuance and
defendants’ motion:
11
the last date to meet and confer re: initial disclosures, early settlement, ADR process
12
selection, discovery plan, file ADR certification, and file Stipulation to ADR Process or Notice of
13
Need for ADR Phone Conference is continued from December 20, 2011, to January 11, 2012;
14
15
16
17
18
the last date to file Rule 26(f) Report, complete initial disclosures or file objection in Rule
26(f) Report and file CMC Statement is continued from January 3, 2013 to January 24, 2012.
Date:
____________________________
Howard R. Lloyd
United States Magistrate Judge
19
20
21
22
23
24
25
26
27
28
2
[Proposed] Order Continuing CMC (5:11-cv-05496-HRL)
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