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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT INDIANA

SOUTH BEND DIVISION

MALIBU MEDIA, LLC, )

)

Plaintiff, ) Civil Case No. 3:13-cv-00071-JD-CAN

)

v. )

)

DIANA FARLER, )

)

Defendant. )

)

UNOPPOSED MOTION TO CONTINUE HEARING

SCHEDULED FOR JANUARY 17, 2014 AT 3:00 PM

Plaintiff, Malibu Media, LLC, moves for entry of an order continuing the hearing

currently scheduled for tomorrow, Friday, January 17, 2014 at 3:00 pm, and states:

1. On December 17, 2013, this Court entered an Order scheduling a hearing on

Plaintiff’s Motion for Extension of Time Within Which to Serve Expert Witness Reports for

January 17, 2014 at 3:00 pm before the Honorable Christopher A. Nuechterlein [CM/ECF 22].

2. Yesterday, January 15, 2014, undersigned received a courtesy copy of a letter

motion from Defendant requesting that the Court continue the hearing. Defendant explains that

she is in the process of hiring an attorney to represent her in this matter and that she has

difficulty traveling to the conference.1

3. Upon receipt of the letter, given Defendant’s circumstances, Plaintiff attempted to

contact the Defendant via telephone in an attempt to amicably resolve the case and avoid the

need for the parties to attend a hearing, but there was no answer. Undersigned again attempted

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 This letter motion contains phone numbers and other potentially private information regarding the Defendant.

Defendant stated in the letter that she has mailed same to the Court for filing. Out of an abundance of caution,

Plaintiff has not included the letter in order to preserve the Defendant’s privacy. That being said, should the Court

request a copy of the letter, Plaintiff will provide it to the Court.

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to contact Defendant this morning, but has not received a response. Plaintiff has called

Defendant at least six times since yesterday.

4. This morning, undersigned contacted the Clerk to advise of the situation. The

Clerk also attempted to call the Defendant but received no response.

5. Given Defendant’s hardship, Plaintiff respectfully requests that the Court enter an

order continuing the scheduling conference to a later date, as the Court’s schedule may permit.

6. In light of the Defendant’s letter, Plaintiff’s motion is unopposed.

WHEREFORE, Plaintiff respectfully requests that this Court enter an order continuing

the January 17, 2014 hearing to a later date, as the Court’s schedule may permit.

Dated: January 16, 2014

NICOLETTI & ASSOCIATES, PLLC

By: /s/ Paul J. Nicoletti

Paul J. Nicoletti, Esq. (P44419)

36880 Woodward Ave, Suite 100

Bloomfield Hills, MI 48304

Tel: (248) 203-7800

Fax: (248) 203-7801

E-Fax: (248) 928-7051

Email: paul@nicoletti-associates.com

Attorneys for Plaintiff

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CERTIFICATE OF SERVICE

I hereby certify that on January 16, 2014, I electronically filed the foregoing document

with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being

served this day on all counsel of record or pro se parties identified on the attached Service List in

the manner specified, either via transmission of Notices of Electronic Filing generated by

CM/ECF or in some other authorized manner for those counsel or parties who are not authorized

to receive electronically Notices of Electronic Filing.

By: /s/ Paul J. Nicoletti

SERVICE LIST

Diana Farler

531 Ohio St

Rochester, IN 46975

Pro se

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