In re CARLOS MENDOZA BARAJAS and ISABEL MAGDALENA BARAJAS, Debtors.
DISTRICT COUNCIL OF IRON WORKERS OF THE STATE OF CALIFORNIA AND VICINITY, Plaintiff,
v.
CARLOS MENDOZA BARAJAS and ISABEL MAGDALENA BARAJAS, Defendants.
No. 10-30657 TEC
Adv. Proc. No. 10-3096 TC
United States Bankruptcy Court, Northern District of California
July 5, 2011
ORDER DENYING CARLOS BARAJAS'S MOTION TO CONTINUE TRIAL
THOMAS E. CARLSON, U.S. Bankruptcy Judge.
On May 19, 2011, the court entered an order (Order) on Defendant Carlos Barajas's Motion to Continue Trial. The Order continued the trial to July 6, 2011 and set forth three conditions Defendants must satisfy to obtain any further continuance of the July 6th trial based on Defendants' physical or mental condition. Specifically, the Order provided that, absent exceptional circumstances, any motion by either Defendant to continue the trial must: (a) be filed and served by no later than June 29, 2011 at 4:00 p.m.; (b) be supported by a sworn declaration of a California-licensed physician, explaining with specificity an existing medical condition that prevents the moving Defendant from participating in the trial; and (c) be set for hearing at least 48 hours after filing and service of the motion by e-mail to Plaintiff's counsel.
On July 5, 2011, the court received a fax from Nurse Practitioner Norma Espinoza stating that she treated Mr. Barajas on July 1, 2011, and recommending that the July 6th trial be delayed to mid September due to Mr. Barajas's continuing anxiety.
Upon due consideration, because Mr. Barajas has not filed and served a motion for continuance, and because the faxed certification is not a sworn declaration of a California-licensed physician, the court hereby orders as follows:
(1)The request to continue the trial set is denied.
(2)Trial shall commence on July 6, 2011 at 9:30 a.m.