Embry v. ACER America Corporation

MOTION to Shorten Time re Plaintiff's Motion for Sanctions and Civil Contempt

N.D. Cal.August 27, 2012

1 Plaintiff’s Motion for Administrative Relief Shortening Time – Case No. CV-09-1808 (JW) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street San Francisco, California 94114 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 Attorneys for Plaintiff KEVIN EMBRY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KEVIN EMBRY, an individual, on behalf of himself, the general public and those similarly situated Plaintiff, v. ACER AMERICA CORPORATION; AND DOES 1 THROUGH 50 Defendants CASE NO. CV-09-1808 (JW) PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF SHORTENING TIME [Local Rules 6-3 & 7-11] Judge: Hon. James Ware Case5:09-cv-01808-JW Document274 Filed08/27/12 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff’s Administrative Motion Shortening Time – Case No. CV-09-1808 (JW) djsf 1 PLEASE TAKE NOTICE that Plaintiff hereby moves, pursuant to Local Rules 6-3 and 7-11, for an order shortening time for the hearing of Plaintiff’s motion for sanctions and civil contempt. (Dkt.# 273.) Plaintiff requests that his motion for sanctions and civil contempt, currently set for hearing on October 1, 2012, be heard on September 10, 2012. This Motion is based on this Notice of Motion, the supporting Memorandum of Points and Authorities, the Declaration of Seth A. Safier, the [Proposed] Order Granting this Motion, the pleadings, other files and records in this action, such other written or oral argument as may be presented to the Court, and all matters of which the Court may take notice. MEMORANDUM OF POINTS AND AUTHORITIES Plaintiff requests that his motion for sanctions and civil contempt be heard on September 10, 2012. Plaintiff further requests that Bandas’ opposition be due no later than August 31, 2012, and the reply be due no later than September 4, 2012. (If necessary, Plaintiff will waive reply.) This matter has been pending since March 2009. On August 22, 2011, this Court ordered Bandas to dismiss his appeal or post an appeal bond. (Dkt.# 272.) He ignored the order. It is no secret that Bandas (and his attorney) exclusively seek to delay this settlement in hopes of extracting fees from the parties. If this motion is heard on a regular calendar, he will again have been successful in delaying, for another 35+ days, the distribution of the settlement benefits to class members. Plaintiff accordingly requests that this Court hear his motion to compel on shortened time, as set forth in his proposed order, submitted herewith. DATED: August 27, 2012 GUTRIDE SAFIER LLP By: /s/ Seth Safier Adam Gutride Seth A. Safier Attorneys for Plaintiff Kevin Embry Case5:09-cv-01808-JW Document274 Filed08/27/12 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff’s Administrative Motion Shortening Time – Case No. CV-09-1808 (JW) djsf 2 DECLARATION OF SETH A. SAFIER I, Seth A. Safier, declare and state that: 1. I am an attorney licensed to practice law in the State of California and in this Court, and am counsel of record for Plaintiff in the above captioned matter. 2. I am a partner in Gutride Safier LLP (“GSLLP”). The information below is stated based on personal knowledge. I am competent to testify to the facts set forth below, and if called as a witness and placed under oath, I would testify to those facts. 3. On August 27, 2012, I emailed Bandas’ counsel to request that he stipulate to a shortened hearing schedule. He has yet to respond to my request. 4. There have been no previous time modifications on this motion. 5. Class members continue to sustain injury due to this ongoing, frivolous appeal. I declare under penalty of perjury under the laws of the United States that the foregoing is true of my own personal knowledge. Executed at San Francisco, California, this 27th day of August 2012. _______________ Seth A. Safier, Esq. Case5:09-cv-01808-JW Document274 Filed08/27/12 Page3 of 3