Joe Hand Promotions, Inc. v. Ramirez et al

Filing 10

Plaintiff's Ex Parte application for an order continuing scheduling conference and extending time to complete service ; and ORDER, signed by Magistrate Judge Sandra M. Snyder on 4/18/2012. (Completion of Service Deadline: 6/4/2012; Initial Scheduling Conference previously set for 4/24/2012 hsd been CONTINUED to 6/5/2012 at 10:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder) (Figueroa, O)

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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
Joe Hand Promotions, Inc.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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JOE HAND PROMOTIONS, INC.,

CASE NO. 1:11-cv-00129-LJO-SMS

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Plaintiff,

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v.

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CLAUDIA RAMIREZ, et al.

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PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
CONTINUING SCHEDULING
CONFERENCE AND EXTENDING
TIME TO COMPLETE SERVICE;
AND ORDER (Doc. 9)

Defendants.
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TO THE HONORABLE SANDRA M. SNYDER, THE PARTIES AND THEIR
ATTORNEY/S OF RECORD:
As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon

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defendant Claudia Ramirez, individually and d/b/a Cazadores Grill.

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WHEREFORE, Plaintiff makes the following representations and recommendations:

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1.

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On January 27, 2012, Plaintiff’s Complaint was filed against Defendants Claudia

Ramirez and Aquiles Ramirez, individually and d/b/a Cazadores Grill.
2.

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Plaintiff has still not perfected service of the initiating suit papers upon the Defendant,

Claudia Ramirez, individually and d/b/a Cazadores Grill, despite diligent efforts to do so. Please see
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attached hereto and made part hereof Plaintiff’s Exhibit 1).
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3.

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Plaintiff Joe Hand Promotions, Inc., hereby applies ex parte for an order further

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continuing the Scheduling Conference presently set for April 24, 2012 at 10:00 AM. As set forth

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below, Plaintiff respectfully requests this Honorable Court continue the Scheduling Conference and

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extend the time to complete service an additional Thirty (30) days to Forty-Five (45) days.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the
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Scheduling Conference, presently scheduled for April 24, 2012 at 10:00 AM and permit Plaintiff an
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additional Thirty (30) days 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 the named defendant.

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Respectfully submitted,

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Dated: April 17, 2012

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/s/ Thomas P. Riley
LAW OFFICES OF THOMAS P. RILEY, P.C.
By: Thomas P. Riley
Attorneys for Plaintiff
Joe Hand Promotions, Inc.

ORDER

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GOOD CAUSE APPEARING, it is hereby ordered that the Scheduling Conference in civil

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action number 1:12-cv-00129-LJO-SMS styled Joe Hand Promotions, Inc. v. Claudia Ramirez, et al.,

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is hereby continued from April 24, 2012 at 10:00 a.m. to June 5, 2012 at 10:00 a.m.
Plaintiff is GRANTED an additional thirty (30) days to forty-five (45) days to effectuate

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

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publication, or in the alternative, a Notice of Voluntary Dismissal as to defendant Claudia Ramirez,

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individually and d/b/a Cazadores Grill, 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:
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DEAC_Signature-END:

icido34h
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/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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April 18, 2012