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

Filing 15

Plaintiff's Ex Parte Application 13 for an Order Vacating the Scheduling Conference; and ORDER - Scheduling Conference hearing date of 8/2/2011 at 9:15 a.m. before Judge Snyder is Vacated. signed by Magistrate Judge Sandra M. Snyder on 7/26/2011. (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. 1:11-cv-00411-AWI-SMS 11 12 13 14 Plaintiff, vs. STEVEN CASTANON SORONDO, et al. PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER 15 Defendants. 16 17 18 19 TO THE HONORABLE SANDRA M. SNYDER, THE DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the 20 Scheduling Conference in this action, presently set for Tuesday August 2, 2011 at 9:15 A.M. This 21 request will be, and is, necessitated by the fact that defendants Steven Castanon Sorondo, individually 22 and d/b/a The Lamp Post a/k/a Lamp Post Bar; and Starden, Inc., an unknown business entity d/b/a The 23 Lamp Post a/k/a Lamp Post Bar are in default and Plaintiff’s Application for Default Judgment will 24 soon be filed before this Honorable Court. 25 As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive 26 pleading from the defendants. As a result, Plaintiff’s counsel has not conferred with the defendants 27 concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the 28 case itself or the preparation of a Scheduling Conference Statement. PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:11-cv-00411-AWI-SMS PAGE 1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Scheduling 1 2 Conference presently scheduled for Tuesday August 2, 2011 at 9:15 A.M. in order that Plaintiff and its 3 counsel may avoid necessary fees and costs in this matter presently pending final disposition by virtue of 4 Plaintiff’s Application for Default Judgment by the Court. 5 6 Respectfully submitted, 7 8 9 10 Dated: July 26, 2011 11 12 13 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. 14 15 /// 16 /// 17 /// 18 /// 19 20 /// 21 /// 22 /// 23 /// 24 25 /// 26 /// 27 /// 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:11-cv-00411-AWI-SMS PAGE 2 ORDER 1 2 It is hereby ordered that the Scheduling Conference on August 2, 2011 at 9:15 a.m. in Courtroom 3 4 7 before Judge Snyder, in civil action number 1:11-cv-00411-AWI-SMS styled J & J Sports 5 Productions, Inc. v. Steven Castanon Sorondo, et al., is hereby vacated. Plaintiff shall also serve a copy of this Order on the Defendant and thereafter file a Certification 6 7 of Service of this Order with the Clerk of the Court. 8 9 10 IT IS SO ORDERED: 11 12 Dated: 13 14 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE /// 15 July 26, 2011 /// 22 23 /// /// /// 24 /// 25 /// 26 27 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER (Proposed) CASE NO. 1:11-cv-00411-AWI-SMS PAGE 3

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