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

Filing 17

Plaintiff's Ex Parte Application for an ORDER Vacating the Initial Scheduling Conference; and Order: Scheduling Conference hearing date of 6/27/2011 at 10:00 a.m. before Judge Snyder is Vacated. Plaintiff shall also serve a copy of this Order on the Defendants and thereafter file a Certification of Service of this Order with the Clerk of the Court. signed by Magistrate Judge Sandra M. Snyder on 6/21/2011. (Herman, H)

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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-02253-AWI-SMS 11 Plaintiff, 12 vs. 13 14 ANA A. BARRAGAN, et al. 15 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE; AND ORDER Defendants. 16 17 18 TO THE HONORABLE SANDRA M. SNYDER, 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 Monday, June 27, 2011 at 10:00 A.M. This 21 request will be, and is, necessitated by the fact that defendants Ana A. Barragan and Angel O. 22 Barragan, individually and d/b/a Los Compadres Restaurant a/k/a Los Compadres Mexican Restaurant 23 are in default and Plaintiff’s Application for Default Judgment will soon be filed with this Honorable 24 Court. 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 1 2 Scheduling Conference presently scheduled for Monday, June 27, 2011 at 10:00 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 17, 2011 11 12 13 14 15 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 /// 23 /// 24 /// 25 /// 26 27 /// 28 /// /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. ORDER 1 2 It is hereby ordered that the Initial Scheduling Conference in civil action number 1:10-cv-02253- 3 4 AWI-SMS styled J & J Sports Productions, Inc. v. Ana A. Barragan, et al., is hereby vacated. Plaintiff shall also serve a copy of this Order on the Defendants and thereafter file a 5 6 Certification of Service of this Order with the Clerk of the Court. 7 8 9 IT IS SO ORDERED: 10 11 IT IS SO ORDERED. 12 Dated: 13 DEAC_Signatur ND: e-E icido34h 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 14 15 June 21, 2011

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