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

Filing 12

ORDER Granting 11 Ex Parte Application, and ORDER Directing Plaintiff to File Application signed by Magistrate Judge Jennifer L. Thurston on 4/20/2011. Filing Deadline: 5/21/2011. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,
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v.
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JOSE ALFREDO GOMEZ and SILVIA C.
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GOMEZ, individually and d/b/a LOS
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MANJARES RESTAURANT,
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Defendants.
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_______________________________________ )

Case No.: 1:10-cv-02249 LJO JLT
ORDER GRANTING PLAINTIFF’S EX
PARTE APPLICATION AND VACATING
THE INITIAL SCHEDULING CONFERENCE
(Doc. 11)
ORDER DIRECTING PLAINTIFF TO FILE
APPLICATION FOR DEFAULT JUDGMENT

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This matter was initiated on December 3, 2010 by Plaintiff J & J Sports Productions, Inc.

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(Doc. 1). Jose Alfredo Gomez and Silvia C. Gomez (“Defendants”) were served with the summons

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and complaint on February 22, 2011. (Docs. 6-7). Defendants failed to respond within the time

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prescribed by the Federal Rules of Civil Procedure. Therefore, upon application of Plaintiff and

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pursuant to Fed. R. Civ. P. 55(a), the Clerk of Court entered default against Defendants on April 7,

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2011. (Doc. 10).

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On April 19, 2011, Plaintiff filed an ex parte application for an order vacating the initial

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scheduling conference given the default status of Defendants. (Doc. 11). In addition, Plaintiff

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asserts that its application for default judgment would soon be filed with the Court. Id. at 1.

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Based upon the forgoing, there is good cause to vacate the scheduling conference in this
matter. Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff’s ex parte application for vacating the scheduling conference is GRANTED;

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The Scheduling Conference set for April 27, 2011, at 9:30 a.m. is VACATED; and

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3.

Plaintiff SHALL FILE its application for default judgment against Defendants

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within 30 days of service of this order.

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8 IT IS SO ORDERED.
9 Dated: April 20, 2011
9j7khi
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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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