J & J Sports Productions, Inc. v. Franco

Filing 7

ORDER GRANTING EX PARTE APPLICATION FOR an ORDER CONTINUING INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE. Initial Scheduling Conference is now set for 2/9/2012 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 12/15/2011. (Yu, L)

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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 91030-3227
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
J & J Sports Productions, Inc.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

CASE NO. 1:11-cv-01563-AWI-MJS

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Plaintiff,

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v.

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RAMON LOPEZ FRANCO, et al.

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PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
CONTINUING INITIAL SCHEDULING
CONFERENCE AND EXTENDING
TIME TO COMPLETE SERVICE; AND
ORDER (Proposed)

Defendant.
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TO THE HONORABLE ANTHONY W. ISHII, THE DEFENDANT/S AND THEIR
ATTORNEY/S OF RECORD:
Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order continuing the

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Initial Scheduling Conference presently set for Thursday, December 22, 2011 at 10:30 AM. As set

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forth below Plaintiff respectfully requests that the Court continue the Initial Scheduling Conference and

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extend the time to complete service to a new date approximately Thirty (30) to Forty-Five (45) days

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forward.

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The request for the brief continuance is necessitated by the fact that Plaintiff has not yet

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perfected service of the initiating suit papers upon the Defendant Ramon Lopez Franco, individually

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and d/b/a El Jaliciense Bar. As a result, Plaintiff’s counsel has not conferred with the defendant

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concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the
case itself or the preparation of a Initial Scheduling Conference Statement.

PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER (Proposed)
CASE NO. 1:11-cv-01563-AWI-MJS

Plaintiff recently identified an alternative address that it believes will be successful to serve

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its initiating suit papers, upon the Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial

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Scheduling Conference, presently scheduled for Thursday, December 22, 2011 at 10:30 AM and permit

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an additional Thirty (30) to Forty-Five (45) days from today’s date to effectuate service of the

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Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the

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alternative, a Notice of Voluntary Dismissal as to Defendant.

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Respectfully submitted,

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Dated: December 14, 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 CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER (Proposed)
CASE NO. 1:11-cv-01563-AWI-MJS

ORDER

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It is hereby ordered that the Case Management Conference in civil action number 1:11-cv-01563-

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AWI-MJS styled J & J Sports Productions, Inc. v. Ramon Lopez Franco, et al., is hereby continued

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from 10:30 AM, Thursday, December 22, 2011 to Ferbuary 9, 2012 at 10:30 in Courtroom 6 (MJS) ,

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Fresno Court House.

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Plaintiff is granted an additional Thirty (30) to Forty-Five (45) days from today’s date to
effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service
by publication, or in the alternative, a Notice of Voluntary Dismissal as to defendant Ramon Lopez
Franco, individually and d/b/a El Jaliciense Bar, where service has not been made or service by
publication requested.

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Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of
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Service of this Order with the Clerk of the Court.
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IT IS SO ORDERED.

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Dated:

December 15, 2011

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

ci4d6

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER (Proposed)
CASE NO. 1:11-cv-01563-AWI-MJS