J & J Sports Productions, Inc. v. Ramirez

Filing 8

Plaintiff's Ex Parte Application for an Order Extending Time to Complete Service; and ORDER signed by Magistrate Judge Gary S. Austin on 12/30/2014. (Martinez, 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. 1:14-cv-01340-GSA

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Plaintiff,

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v.

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PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
EXTENDING TIME TO COMPLETE
SERVICE; AND ORDER

REYNA RAMIREZ, et al.

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Defendant.
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TO THE HONORABLE GARY S. AUSTIN, THE PARTIES AND THEIR
ATTORNEY/S OF RECORD:
As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon
Defendant Reyna Ramirez, individually and d/b/a Redwood Inn.
WHEREFORE, Plaintiff makes the following representations and recommendations:

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1.

On August 28, 2014, Plaintiff’s Complaint was filed against Defendant Reyna Ramirez,

individually and d/b/a Redwood Inn.
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Plaintiff has still not perfected service of the initiating suit papers upon the

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Defendant, Reyna Ramirez, individually and d/b/a Redwood Inn, despite efforts to do so. (Please

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find a true and correct copy of the process server’s Status Reports attached hereto and made part

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hereof as Plaintiff’s Exhibit 1).

PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER CONTINUING
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 1:14-cv-01340-GSA

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3.

Notwithstanding the difficulties incurred to date regarding service, Plaintiff has

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identified an alternate residence address (26788 Huntsman Avenue, Orosi, CA 93647) which it

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believes will be successful to serve it’s initiating suit papers upon this particular defendant and has

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notified its process server of same.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff an
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additional Forty-Five (45) days from today’s date to effectuate service of the Summons and

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Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a
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Notice of Voluntary Dismissal as to the named defendant.

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Respectfully submitted,

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Dated: December 23, 2014

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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.
ORDER

Plaintiff is granted an additional Forty-Five (45) days from the date of this order to effectuate
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 Reyna Ramirez,

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individually and d/b/a Redwood Inn, where service has not been made nor service by publication

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requested.

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

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IT IS SO ORDERED.
Dated:

December 30, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER CONTINUING
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 1:14-cv-01340-GSA