J & J Sports Productions, Inc. v. Cerda

Filing 8

Plaintiff's Second Ex Parte Application for an Order Continuing Initial Scheduling Conference and Extending Time to Complete Service; and ORDER Thereon signed by Magistrate Judge Gary S. Austin on 3/5/2012. Initial Scheduling Conference CONTINUED to 5/30/2012 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(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 91030-3227
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-01893-LJO-GSA

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Plaintiff,

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v.

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SERGIO CERDA, et al.

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

Defendant.
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TO THE HONORABLE GARY S. AUSTIN, 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 Wednesday, March 14, 2012 at 10:00 AM. As set forth

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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 Sergio Cerda, individually and

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d/b/a La Fogata, despite diligent efforts to do so. Please see Plaintiff’s Exhibit 1. As a result,

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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 an Initial

PLAINTIFF’S SECOND EX PARTE APPLICATION FOR AN ORDER CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER
CASE NO. 1:11-cv-01893-LJO-GSA

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Scheduling Conference Statement.
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 Wednesday, March 14, 2012 at 10:00 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 in this action.

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Respectfully submitted,
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Dated: March 5, 2012

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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 SECOND EX PARTE APPLICATION FOR AN ORDER CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER
CASE NO. 1:11-cv-01893-LJO-GSA

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ORDER

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It is hereby ordered that the Initial Scheduling Conference in civil action number 1:11-cv-01893-

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LJO-GSA styled J & J Sports Productions, Inc. v. Sergio Cerda, et al., is hereby continued from 10:00

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AM, Wednesday March 14, 2012 to May 30, 2012, at 10:00 a.m.
Plaintiff is granted an additional Thirty (30) to Forty-Five (45) days from today’s date to

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

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by publication, or in the alternative, a Notice of Voluntary Dismissal as to defendant Sergio Cerda,

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individually and d/b/a La Fogata, where service has not been made or service by publication
requested.
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:

March 5, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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PLAINTIFF’S SECOND EX PARTE APPLICATION FOR AN ORDER CONTINUING
INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO
COMPLETE SERVICE; AND ORDER
CASE NO. 1:11-cv-01893-LJO-GSA