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 REQUEST FOR FOURTH ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND 

ASSOCIATED DATES 90 DAYS & [PROPOSED] ORDER (C 09-00779 MHP) 

P0217.2010-1848 

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LAW OFFICES OF GEORGE W. NOWELL 

100 Montgomery Street, Suite 1990 

San Francisco, CA 94104 

Phone: (415) 362-1333 Fax: (415) 362-1344

GEORGE W. NOWELL (SBN: 83868) 

george.nowell@nowelllaw.com 

PAUL B. ARENAS (SBN: 167863) 

paul.arenas@nowelllaw.com 

JOHN H. CIGAVIC III (SBN: 231806) 

john.cigavic@nowelllaw.com

LAW OFFICES OF GEORGE W. NOWELL 

100 Montgomery Street, Suite 1990 

San Francisco, CA 94104 

Telephone: (415) 362-1333 

Facsimile: (415) 362-1344 

Attorneys for plaintiff 

SCHENKER, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SCHENKER, INC., 

Plaintiff, 

v. 

BARRANGO, a California Corporation, and 

BARRANGO MANUFACTURING, a 

California Corporation, 

Defendants. 

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CASE NO.: C 09-00779 MHP 

REQUEST FOR FOURTH ORDER 

CONTINUING CASE MANAGEMENT 

CONFERENCE AND ASSOCIATED 

DATES 90 DAYS & [PROPOSED] 

ORDER 

 COMES NOW COUNSEL FOR SCHENKER, INC. (“Schenker” or “plaintiff”) and 

hereby requests this Court Order a continuation of the Case Management Conference (and 

associated dates) at least 90 days / three months, i.e. from 15 March 2010 until 14 June 2010, or 

as soon thereafter as is convenient for the Court, in order to, inter alia, permit the parties to 

further execute a settlement agreement and prepare the case for a conditional dismissal. The 

parties are in the process of executing their settlement agreement. 

// 

// 

// 

Case 3:09-cv-00779-MHP Document 19 Filed 02/18/10 Page 1 of 3
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 REQUEST FOR FOURTH ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND 

ASSOCIATED DATES 90 DAYS & [PROPOSED] ORDER (C 09-00779 MHP) 

P0217.2010-1848 

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LAW OFFICES OF GEORGE W. NOWELL 

100 Montgomery Street, Suite 1990 

San Francisco, CA 94104 

Phone: (415) 362-1333 Fax: (415) 362-1344

 Defendants BARRANGO, a California Corporation, and BARRANGO 

MANUFACTURING, a California Corporation (“Barrango”) have been served and have entered 

into a general willingness to settle agreement before filing a responsive pleading. The parties’ 

agreement involves monthly payments, only three of which have been made totaling less than 

20% of the agreed settlement. Barrango again recently represented to plaintiff’s counsel that it is 

continuing to attempt to liquidate some assets and that defendants will satisfy a substantial 

portion of the parties’ settlement agreement hopefully in the next ninety days. Barrango’s efforts 

to liquidate the above described assets reportedly have been complicated by the death of a person 

involved in the transaction, which death triggered additional taxation issues that have 

complicated and prolonged the close of escrow. In the event such execution is not forthcoming 

as promised by Barrango and/or if Barrango does not make satisfactory payments from other 

reserves, plaintiff will diligently seek a default and default judgment against Barrango and 

further prosecute this lawsuit. 

 This is the fourth request for extension of time brought by plaintiff: the first request was 

granted by the Court on 3 June 2009, setting the 14 September 2009 Case Management 

Conference and associated dates (DOC# 12); the second request for extension of time brought by 

plaintiff was granted by the Court on 26 August 2009, setting the 14 December 2009 Case 

Management Conference and associated dates (DOC# 14); the third request for extension of time 

brought by plaintiff was granted by the Court on 8 December 2009, setting the 15 March 2010 

Case Management Conference and associated dates (DOC# 17) . 

 Schenker thus proposes the Case Management schedule be revised as follows: 

 (1) Case Management Conference related dates: 

 [a] the Case Management Conference be continued about 90 days, i.e. from 

 15 March 2010 to 14 June 2010, or as soon thereafter as this 

 matter may be heard; 

 [b] the Joint Case Management Statement due date be continued about 90 

 days, i.e. from 4 March 2010 to 4 June 2010; and 

// 

Case 3:09-cv-00779-MHP Document 19 Filed 02/18/10 Page 2 of 3
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 . 

 REQUEST FOR FOURTH ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND 

ASSOCIATED DATES 90 DAYS & [PROPOSED] ORDER (C 09-00779 MHP) 

P0217.2010-1848 

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LAW OFFICES OF GEORGE W. NOWELL 

100 Montgomery Street, Suite 1990 

San Francisco, CA 94104 

Phone: (415) 362-1333 Fax: (415) 362-1344

 [c] the due date for Initial Disclosures pursuant to FRCivP 26 be continued 

 about 90 days, i.e. from 4 March 2010 to 4 June 2010. 

 (2) Any ADR associated dates be continued approximately 120 days. 

 PLAINTIFF HEREBY REQUESTS THE COURT ORDER THE DATES FOR THE 

CASE MANAGEMENT CONFERENCE, JOINT CASE MANAGEMENT STATEMENT, 

INITIAL DISCLOSURES AND ADR RELATED DATES BE CONTINUED, AS ABOVE: 

Dated: 17 February 2010 LAW OFFICES OF GEORGE W. NOWELL 

By: __________/s/ John H. Cigavic III ________ 

JOHN H. CIGAVIC III 

Attorneys for plaintiff SCHENKER INC. 

 [PROPOSED] ORDER

 PURSUANT TO THE REQUEST OF PLAINTIFF (the only party appearing in this 

action to date), AS ABOVE, THE COURT HEREBY ORDERS that the: 

 (1) Case Management Conference is continued until 14 June 2010; 

 (2) Joint Case Management Statement due date is continued until 4 June 2010; 

 (3) Initial Disclosures pursuant to FRCivP 26 are due on 4 June 2010; and 

 (4) Parties’ ADR associated dates are continued 120 days (i.e. the ADR 

 meet and confer re initial disclosures, early settlement, ADR process selection and 

 discovery plan, the filing date for the ADR Certification signed by Parties and 

 counsel, and the Stipulation for ADR Process or Notice of Need for ADR Phone 

 Conference shall be filed on or before the date ordered). 

IT IS SO ORDERED: 

Dated: ________________ 2010 UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

By: ______________________________________ 

MARILYN HALL PATEL

UNITED STATES DISTRICT JUDGE 

2/18

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cv-00779-MHP Document 19 Filed 02/18/10 Page 3 of 3