Case No. 309-cv-2592RS 

Emergency Motion for A Continuance 

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ELIAS Z. SHAMIEH (IND. SBN #14339-49) 

Attorney at Law 

Law Offices of Shamieh and Ternieden 

703 Market Street, Suite 1700 

San Francisco, CA 94103 

Phone: (415)777-0700 

Facsimile: (415)543-0891 

Attorneys for Plaintiff 

Tania Garcia-Lopez 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

TANIA GARCIA-LOPEZ 

 Plaintiff, 

v. 

MICHAEL YATES, et al. 

 Defendant 

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Civil Action No.: 309-CV-2592RS 

EMERGENCY MOTION FOR A 

CONTINUANCE 

IMMIGRATION CASE 

Hearing Date: July 15, 2010 

Time: 1:30 pm 

Judge: Richard Seeborg 

EMERGENCY MOTION FOR A CONTINUANCE 

Plaintiff respectfully requests that the Court continue the hearing scheduled for July 15, 

2010 at 1:30 p.m. The attorney handling this case is unable to be present at the hearing on 

Thursday as her daughter fell ill with the Chicken Pox on Monday, July 12, 2010 and she is the 

*E-Filed 7/14/10*

Case 3:09-cv-02592-RS Document 36 Filed 07/14/10 Page 1 of 3
Case No. 309-cv-2592RS 

Emergency Motion for A Continuance 

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only caretaker for the child at this time. The attorney handling this case is the only person 

competent to present arguments on behalf of plaintiff. If it were not for this emergency, 

Plaintiff’s counsel would be ready and willing to be present. 

Counsel left a voice message for Attorney, Jonathon Wasden with the Office of 

Immigration Litigation, who was handling this matter on Monday, July 13, 2010 but did not hear 

back from Mr. Wasden. On July 14, 2010, Counsel left Jonathon Wasden another voice message 

and also emailed him regarding this emergency and our need for a continuance. Counsel received 

an out of office auto reply from Jonathon Wasden indicating that as of July 9, 2010 he was no 

longer with the Department of Justice and to contact Stacy Young for assistance. Counsel then 

emailed Stacy Young regarding the emergency and need for a continuance. Ms. Young kindly 

returned counsel’s call but apologetically indicated that she would oppose a continuance as she 

had already purchased airfare and had arranged a vacation. Ms. Young did try to accommodate 

Plaintiff’s Counsel by agreeing to a different hearing time on July 15th or a continuance to 

Friday, July 16th, if agreeable with the Court’s schedule, but neither of these options would 

allow for Counsel to be present in court. 

This motion is not being used for dilatory purposes. In light of the above, Plaintiff’s 

counsel prays that this honorable Court grant a continuance of this hearing on July 15, 2010. 

Respectfully submitted this 13th day of July, 2010. 

 /s/Elias Z. Shamieh 

_______________________ 

 ELIAS Z. SHAMIEH 

 Attorney for Plaintiff 

Case 3:09-cv-02592-RS Document 36 Filed 07/14/10 Page 2 of 3
Case No. 309-cv-2592RS 

Emergency Motion for A Continuance 

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ORDER

 Pursuant to this Unopposed Motion to Dismiss Hearing and for the reasons stated therein, IT 

IS HEREBY ORDERED that the July 15, 2010 hearing be continued until _____________. 

IT IS SO ORDERED. 

DATED: July _____, 2010. 

 _____________________________ 

 RICHARD SEEBORG 

 UNITED STATES DISTRICT COURT JUDGE 

 

 

 

July 29, 2010 14

Case 3:09-cv-02592-RS Document 36 Filed 07/14/10 Page 3 of 3