J & J Sports Productions, Inc. v. James et al
Filing
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Plaintiff's Ex Parte Application for an Order VACATING the Case Management Conference; and ORDER signed by Magistrate Judge Gary S. Austin on 3/23/2011. (Bradley, A)
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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. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION J & J SPORTS PRODUCTIONS, INC., CASE NO. 1:10-cv-01711-AWI-GSA PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER
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Plaintiff, vs. TASHA A. JAMES, et al. Defendant.
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TO THE HONORABLE GARY S. AUSTIN, THE DEFENDANTS, AND HIS
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ATTORNEYS OF RECORD:
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PlaintiffJ & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Case Management Conference in this action, presently set for Wednesday, March 30, 2011 at 9:30 A.M. This request will be, and is, necessitated by the fact that defendant James & Carlton Family Pizza, Inc., an unknown business entity d/b/a Pizza Factory a/k/a Visalia Pizza Factory 1 is in default and Plaintiff's Application for Default Judgment will soon be filed before this Honorable Court. As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendant. As a result, Plaintiff's counsel has not conferred with the defendant concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Case Management Conference Statement.
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-01711-AWI-GSA PAGE 1
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Wednesday, March 30, 2011at 9:30 A.M. in order that Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final disposition by virtue of Plaintiff's Application for Default Judgment by the Court.
Respectfully submitted,
Dated: March 23, 2011
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/s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.
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PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-01711-AWI-GSA PAGE 2
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DEAC_Signature-END:
ORDER
It is hereby ordered that the Case Management Conference in civil action number 1:10-cv-01711AWI-GSA styled J & J Sports Productions, Inc. v. Tasha A. James, et al., is hereby 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.
IT IS SO ORDERED. Dated:
March 23, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 1:10-cv-01711-AWI-GSA PAGE 3
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