J & J Sports Productions, Inc. v. Perez, Jr.

Filing 17

Plaintiff's Ex Parte Application for an Order Vacating the Initial Scheduling Conference ; and ORDER signed by Magistrate Judge Dennis L. Beck on 6/15/2011. (Figueroa, O)

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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., CASE NO. 1:10-cv-02245-AWI-DLB 11 12 13 14 15 Plaintiff, vs. MARTIN PEREZ, JR., et al. PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE; AND ORDER Defendants. 16 17 18 19 TO THE HONORABLE DENNIS L. BECK, THE DEFENDANT, AND HIS ATTORNEYS OF RECORD: 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 Tuesday, June 21, 2011 at 9:00 A.M. This 21 request will be, and is, necessitated by the fact that defendant Martin Perez, Jr., individually and d/b/a 22 La Cascada is in default and Plaintiff’s Application for Default Judgment will soon be filed with this 23 Honorable Court. 24 25 26 27 As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendants. As a result, Plaintiff’s counsel has not conferred with the defendants concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Joint Scheduling Conference Statement. 28 WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Initial Scheduling Conference presently scheduled for Tuesday, June 21, 2011 at 9:00 A.M. in order that PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER CASE NO. 1:10-cv-02245-AWI-DLB PAGE PAGE 1 1 Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final 2 disposition by virtue of Plaintiff’s Application for Default Judgment by the Court. 3 4 Respectfully submitted, 5 6 Dated: March 11, 2011 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. 7 8 9 ORDER 10 11 12 13 It is hereby ordered that the Initial Scheduling Conference in civil action number 1:10-cv-02245AWI-DLB styled J & J Sports Productions, Inc. v. Martin Perez, Jr., et al., is hereby vacated. Plaintiff shall also serve a copy of this Order on the Defendants and thereafter file a 14 15 Certification of Service of this Order with the Clerk of the Court. 16 17 IT IS SO ORDERED. 18 Dated: 19 /s/ Dennis June 15, 2011 UNITED STATES MAGISTRATE JUDGE DEAC_Signatur ND: e-E 20 21 L. Beck 3b142a 22 23 24 25 26 27 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER CASE NO. 1:10-cv-02245-AWI-DLB PAGE PAGE 1

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