Joe Hand Promotions, Inc. v. Al-Arshad

Filing 7

Plaintiff's Ex Parte Application for an Order Extending Time to Complete Service (Doc. 6); and ORDER - Having reviewed Plaintiffs ex parte application, and for good cause being shown, IT IS HEREBY ORDERED that Plaintiff is granted an additional Forty-Five (45) days from the service of this order 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 Ali A yub Al-Arshad, individually and d/b/a Taxis Hamburger Restaurant, where service has not been made or service by publication requested. To further accommodate Plaintiffs request, the Initial Scheduling Conference is continued from 02/11/2015 to March 17, 2015 at 9:30 a.m. in Courtroom 8, before Judge Barbara A. McAuliffe. The parties are encouraged to appear at the mandatory scheduling conference by telephone by arranging a one-line conference call and then adding the Court at (55 9) 499-5789. 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. NOTE: Doc. 6 was filed by plaintiff as a Motion for Extension. signed by Magistrate Judge Barbara A. McAuliffe on 1/13/12015. (Herman, H)

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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. 1:14-cv-01449-BAM

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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

ALI AYUB AL-ARSHAD, et al.

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Defendant.
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TO THE HONORABLE BARBARA A. MCAULIFFE, 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 Ali Ayub Al-Arshad, individually and d/b/a Taxis Hamburger Restaurant.
WHEREFORE, Plaintiff makes the following representations and recommendations:

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1.

On September 17, 2014, Plaintiff’s Complaint was filed against Defendant Ali Ayub Al-

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Arshad, individually and d/b/a Taxis Hamburger Restaurant.
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2.

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

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Defendant, Ali Ayub Al-Arshad, individually and d/b/a Taxis Hamburger Restaurant, despite efforts

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to do so. (Please find a true and correct copy of the process server’s Status Reports attached hereto

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and made part hereof as Plaintiff’s Exhibit 1).

3.

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Notwithstanding the difficulties incurred to date regarding service, Plaintiff is informed

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and believes Defendant Ali Ayub Al-Arshad is the owner of Country Dream Home Furnishings and has

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identified the business address (1431 Kansas Avenue, Modesto, CA 95351) which it believes will be

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successful to serve it’s initiating suit papers upon this particular defendant and has notified its process

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server of same.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff an
additional 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: January 12, 2014

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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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Having reviewed Plaintiff’s ex parte application, and for good cause being shown, IT IS

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HEREBY ORDERED that Plaintiff is granted an additional Forty-Five (45) days from the service of

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this order to effectuate service of the Summons and Complaint filed in this matter, or to file a motion
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for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to Defendant Ali

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Ayub Al-Arshad, individually and d/b/a Taxis Hamburger Restaurant, where service has not been

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made or service by publication requested.

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To further accommodate Plaintiff’s request, the Initial Scheduling Conference is continued
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from 02/11/2015 to March 17, 2015 at 9:30 a.m in Courtroom 8, before Judge Barbara A.

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McAuliffe. The parties are encouraged to appear at the mandatory scheduling conference by

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telephone by arranging a one-line conference call and then adding the Court at [phone].

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

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IT IS SO ORDERED.
Dated: January 13, 2015

/s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE