J & J Sports Productions, Inc. v. Flores et al

Filing 15

ORDER Vacating Initial Scheduling Conference signed by Magistrate Judge Jennifer L. Thurston on 6/8/2011. Filing Deadline set for 6/29/2011. (Leon-Guerrero, A)

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1 2 3 4 5 6 Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Avenue South Pasadena, CA 91030 Tel: 626-799-9797 Fax: 626-799-9795 TPRLAW@att.net Attorneys for Plaintiffs J & J Sports Productions, Inc. 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 8 9 10 J & J SPORTS PRODUCTIONS, INC., 11 12 Plaintiff, 13 vs. CASE NO. 1:10-cv-02087-AWI-JLT 14 ARTURO M. FLORES, et al. 15 Defendants. 16 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE; AND ORDER (Doc. 14) 17 18 TO THE HONORABLE JENNIFER L. THURSTON, THE DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: 19 Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Initial 20 Scheduling Conference in this action, presently set for Thursday, June 16, 2011 at 8:30 A.M. This 21 request will be, and is, necessitated by the fact that defendants Arturo M. Flores and Alejandro Alex 22 23 24 Vazquez, individually and d/b/a Los Amigos a/k/a Marakas Tropical a/k/a La Placita are in default and Plaintiff’s Application for Default Judgment will soon be filed with this Honorable Court. As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive 25 pleading from the defendants. As a result, Plaintiff’s counsel has not conferred with the defendants 26 concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the 27 case itself or the preparation of a Joint Scheduling Conference Statement. 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-02087-AWI-JLT PAGE 1 1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Initial 2 Scheduling Conference presently scheduled for Thursday, June 16, 2011 at 8:30 A.M. in order that 3 Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final 4 disposition by virtue of Plaintiff’s Application for Default Judgment by the Court. 5 6 Respectfully submitted, 7 8 9 10 Dated: June 8, 2011 11 12 13 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. 14 15 16 /// /// 17 /// 18 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 28 /// PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-02087-AWI-JLT PAGE 2 ORDER 1 2 3 Good cause appearing, 4 1. The Scheduling Conference, calendared for June 16, 2011, is hereby VACATED; 5 2. Within 21 days of the date of this order, Plaintiff SHALL file its motion for entry of 3. Plaintiff SHALL serve a copy of this Order on the Defendants and thereafter file a 6 default; 7 8 Certification of Service of this Order with the Clerk of the Court. 9 10 11 12 IT IS SO ORDERED. 13 Dated: 14 June 8, 2011 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 15 16 9j7khijed 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-02087-AWI-JLT PAGE 3

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