GSF Nut Company, LLC v. Hong Kong Bin Guo International Trading, Limited, et al

Filing 28

FOURTH EX-PARTE REQUEST TO CONTINUE SCHEDULING CONFERENCE AND SCHEDULING ORDER; the Initial Scheduling Conference CURRENTLY set for 4/27/2017 is CONTINUED to 8/3/2017 at 10:00 AM in Yosemite (MJS) before Magistrate Judge Michael J. Seng. Parties may appear in person or by phone. Telephonic conferences are joined by calling: [phone] and entering code 4446176. Please email the Courtroom deputy to indicate if you will be appearing by telephone @ [e-mail]. A J oint Scheduling Report shall be electronically filed in CM/ECF one (1) full week prior to the Scheduling Conference and be e-mailed, in Word format, to [e-mail], signed by Magistrate Judge Michael J. Seng on 4/18/2017. (Lafata, M)

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Michael A. Dias, SBN 183705
Sarah M. Hacker, SBN 239338
DIAS LAW FIRM, INC.
502 West Grangeville Boulevard
Hanford, California 93230
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff:
GSF NUT COMPANY, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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)
)
)
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Plaintiff(s),
)
)
v.
)
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HONG KONG BIN GUO
INTERNATIONAL TRADING LIMITED, a )
Chinese corporation; HEBEI YANG YUAN )
)
ZHI HUI YIN PIN GU FEN YOU XIAN
)
GONG SI, a Chinese corporation, and
)
DOES 1-50, (inclusively)
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)
Defendants.
)
GSF NUT COMPANY, LLC, a California
limited liability company,

Case No. 1:16-CV-00501-LJO-MJS
FOURTH EX-PARTE REQUEST TO
CONTINUE SCHEDULING
CONFERENCE AND SCHEDULING
ORDER
Jury Trial Demanded

To THE UNITED STATES DISTRICT COURT, DEFENDANTS AND THEIR
COUNSEL OF RECORD:

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Plaintiff GSF NUT COMPANY, LLC (“GSF”) requests that the Court finds good

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cause to continue scheduling conference and extend the deadline to issue a scheduling

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order pursuant to Rule 16(b) of the Federal Rules of Civil Procedure.

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One defendant, HONG KONG BIN GUO INTERNATIONAL TRADING LIMITED

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(“Hong Kong”) has been served. GSF has filed a Request for Entry of Judgment for

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Sum Certain against Hong Kong, which was subsequently rejected. GSF is currently

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correcting the documents and anticipates requesting a hearing on the Request for

Fourth Ex-Parte Request to Continue Scheduling Conference and Scheduling Order

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Dias Law Firm, Inc.
Michael A. Dias
Jonette M. Montgomery
John C. Umscheid
Sarah M. Hacker
Ella R. Floresca
Steven E. Alfieris
Jimmy J. Rodriguez
Of Counsel
Alicia D. Wrest
Of Counsel

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Judgment.
GSF needs additional time for service on HEBEI YANG YUAN ZHI HUI YIN PIN
GU FEN YOU XIAN GONG SI (“Hebei”).

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On January 17, 2017, the appropriate documents were translated into Chinese

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and mailed to the Ministry of Justice International Legal Cooperation Center in Beijing

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for Approval of Service.

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On March 16, 2017, we received an email from the Ministry of Justice of China

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and were informed that the documents were received and being processed. GSF has

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been informed that the service could take as long as five (5) months. GSF needs an

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additional three (3) months to serve Hebei and to allow Hebei to answer.

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Neither Hong Kong nor Hebei have appeared in this matter.

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In order to effectuate service on Hebei, GSF requests this Court to find good

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cause and continue the deadline to file a Scheduling Order to August 3, 2017.

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Dated: April 18, 2017

Respectfully Submitted,

DIAS LAW FIRM, INC.

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/s/ Michael A. Dias
MICHAEL A. DIAS, Esq.
Attorney for Plaintiff GSF NUT
COMPANY, LLC

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ORDER

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For Good cause appearing, this Court grants Plaintiff GSF NUT COMPANY,

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LLC’s request to continue the scheduling conference to August 3, 2017.

A Joint

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Scheduling Report will be due one (1) full week prior to the Scheduling Conference.

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IT IS SO ORDERED.

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Dated:

April 18, 2017

/s/

Michael J. Seng

Dias Law Firm, Inc.

UNITED STATES MAGISTRATE JUDGE

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Fourth Ex-Parte Request to Continue Scheduling Conference and Scheduling Order

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Michael A. Dias
Jonette M. Montgomery
John C. Umscheid
Sarah M. Hacker
Ella R. Floresca
Steven E. Alfieris
Jimmy J. Rodriguez
Of Counsel
Alicia D. Wrest
Of Counsel