PLEASE TAKE NOTICE that on October 31, 2013 at 9:30 a.m., or as soon thereafter as counsel may be heard, I shall appear before the Honorable Elaine E. Bucklo in Courtroom 1441 at the Dirksen Federal Building located at 219 S. Dearborn Street in Chicago, Illinois, and then and there present Defendants/Counter-Plaintiffs’ Motion for Leave to File Affidavits in Further Support of Its Motion for Rule to Show Cause, a copy of which is attached to this notice and is hereby served upon you.
Then this:
PLAINTIFFS’ MOTION TO RESCHEDULE STATUS HEARING SET FOR OCTOBER 31, 2013
1. On October 18, 2013 the Court held a status hearing regarding the progress the parties had made regarding 350 Green’s transfer of the charging stations to JNS Power, as set forth in Asset Purchase Agreement that was executed on April 17, 2013 (the “APA”). The APA governs the transfer of ownership of all assets including the one hundred sixty eight (168) completed and installed electric car chargers and fifty one (51) Coulomb or equivalent Level II Chargers from 350 Green to JNS Power. 2. During the October 18, 2013 status hearing, the undersigned informed the Court that the parties had not completed the transfer because 350 Green was not able to confirm the existence of a number of the charging stations listed in the APA, as there were discrepancies with the serial numbers and locations of some of the charging stations. 3. The Court entered an order continuing the October 18, 2013 status hearing to October 31, 2013 at 9:30 a.m. [D.E. #54]. 4. The undersigned has developed a conflict with the continued status hearing. On October 31, 2013 at 3:00 p.m., the undersigned is required to appear before the Hon. Maria M. Korvick for a special set hearing on a motion for final summary judgment in the case of In re: Ira S. Barton Revocable Trust, pending in the 11th Judicial Circuit in and for Miami-Dade County, Florida, case number 13-2406 CP 03 (the “Barton Action”). The Barton Action involves five different represented parties. 5. At the time of the October 18, 2013 status hearing, the undersigned was not aware that the motion for summary judgment in the Barton Action would conflict with the continued status hearing in this matter on October 31, 2013. 6. In light of the aforementioned conflict, Plaintiffs’ counsel called chambers to request that the undersigned be permitted to attend the status conference set for October 31, 2013 by telephone, as Steven L. Baron, Esq., co-counsel for the Plaintiffs, would also be able to attend the status conference in person. However, the undersigned was informed that the Court will not permit a telephonic appearance. While Mr. Baron is able to attend, he was not present at the status conference held on October 18, 2013, and was not intimately involved with the negotiations process between the parties regarding the Bill of Sale. Consequently, it will be beneficial for all parties involved if the undersigned is able to appear at the continued status conference before this Court. 7. The undersigned is going to be engaged in depositions in the case of Legacy Capital Team v. Oxford Coverage, Inc., case number 13-21022-civ-Cooke/Turnoff, pending in the United States District Court for the Southern District of Florida on November 4, 2013, which have the possibility of continuing into Tuesday, November 5, 2013. On Wednesday, November 6, 2013 and Thursday, November 7, 2013, the undersigned is set to attend depositions in Midland, Michigan, in the case of Specialized Pharmacy Services, LLC, et al. v. Magnum Health and Rehab of Adrian, LLC, d/b/a MagnumCare of Adrian, et al., Case No.: 12-12785, pending in the United States District Court for the Eastern District of Michigan. The undersigned would be available to attend a status hearing on Friday, November 8, 2013. WHEREFORE, Plaintiffs respectfully requests that the Court enter an order rescheduling the continued status conference currently set for October 31, 2013 until November 8, 2013 or any mutually agreeable date thereafter.
AI
