Delgado v. Sadik

Filing 14

ORDER re Plaintiff's request to continue scheduling conference. The Scheduling Conference currently set for 8/2/2011 is CONTINUED to 9/27/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Plaintiff shall file any motion and order for service by publication by no later August 10, 2011. Order signed by Magistrate Judge Sheila K. Oberto on 7/21/2011. (Timken, A)

1
2
3
4
5
6

Tanya E. Moore, SBN 206683
K. Randolph Moore, SBN 106933
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Attorneys for Plaintiff
Daniel Delgado

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

) No. 1:11-CV-00379-LJO-SKO
)
) PLAINTIFF’S REQUEST TO CONTINUE
Plaintiff,
)
) SCHEDULING CONFERENCE; ORDER
vs.
)
ALI SADIK, JUAN GALINDO dba BUTLER )
)
MINI MART,
)
)
)
Defendants.
)
)
DANIEL DELGADO,

17
18

Plaintiff Daniel Delgado (“Plaintiff”) hereby respectfully requests that the Court

19

continue the scheduling conference currently scheduled for August 2, 2011 at 9:45 a.m. to

20

September 27, 2011 at 9:30 a.m. for the following good cause:

21

1.

Defendant Juan Galindo, dba Butler Mini Mart, has been properly served with

22

the summons and complaint but has not responded within the time permitted by law. Plaintiff

23

has advised Mr. Galindo that if a responsive pleading is not filed, a default will be taken against

24

him. Assuming no responsive pleading is filed, Plaintiff will shortly be filing a request to enter

25

default and supporting documents as to Mr. Galindo.

26

2.

Plaintiff has been diligently trying to serve defendant Ali Sadik at multiple

27

different addresses and on many different occasions but has been unable to locate him. If

28

Plaintiff is not imminently able to locate Mr. Sadik and effect service, Plaintiff will be

Delgado v. Sadik, et al.
Request for Continuance of Scheduling Conference

Page 1

1

motioning the Court for an order allowing for the publication of the summons and complaint

2

based on the extensive efforts which have been made to personally serve Mr. Sadik.

3

3.

There are presently no defendants who have appeared in this action and thus no

4

defendant would be able to participate in the scheduling conference currently set for August 2,

5

2011.

6
7

Date: July 21, 2011

MOORE LAW FIRM, P.C.

8
/s/Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff Daniel Delgado

9
10
11
12

ORDER

13

IT IS HEREBY ORDERED that the scheduling conference currently set for August 2,

14

2011, be continued to September 27, 2011, at 9:30 a.m. in Courtroom 8 before Magistrate

15

Sheila K. Oberto. Plaintiff shall file any motion and order for service by publication by no later

16

August 10, 2011.

17
18

IT IS SO ORDERED.

19
20
21

Dated:

July 21, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

ie14hje

22
23
24
25
26
27
28

Delgado v. Sadik, et al.
Request for Continuance of Scheduling Conference

Page 2