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

Filing 32

FIFTH EX-PARTE REQUEST TO CONTINUE SCHEDULING CONFERENCE AND SCHEDULING ORDER; Initial Scheduling Conference CURRENTLY set for 8/3/2017 is CONTINUED to 11/2/2017 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 7/27/2017. (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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
)
)
)
)
Plaintiff(s),
)
)
v.
)
)
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)
)
)
Defendants.
)
GSF NUT COMPANY, LLC, a California
limited liability company,

Case No. 1:16-CV-00501-LJO-MJS
FIFTH 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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On May 17, 2017, Plaintiff’s Counsel Michael A. Dias of Dias Law Firm, Inc.
(“DLF”), submitted a Substitution of Attorney, subbing out of this case.
On June 16, 2017, GSF confirmed DLF’s representation and DLF subsequently
withdrew the Substitution of Attorney request.

Dias Law Firm, Inc.

Defendant, HONG KONG BIN GUO INTERNATIONAL TRADING LIMITED

Fifth 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

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

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Certain against Hong Kong, which was subsequently rejected.

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finalizing a new Request for Judgment for hearing in this court.

GSF is currently

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On July 24, 2017, GSF was verbally informed, and based on that information

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believes, that personal service on Defendant HEBEI YANG YUAN ZHI HUI YIN PIN

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GU FEN YOU ZIAN GONG SI (“Hebei”) was been completed on July 19, 2017. GSF is
waiting for receipt of the Proof of Service from the Ministry of Justice in China to

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confirm the same.
If, in fact, Hebei was served on July 19, 2017, their response to the Complaint

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would be due on or before August 9, 2017. Should Hebei fail to file a response to the

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Complaint, GSF will be ready to file a request for default against Hebei on August 10,

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2017, and provide a request for judgment as to both Defendants at that time.

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In order to confirm service on Hebei and complete the Request for Judgment,

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GSF requests this Court to find good cause and continue the deadline to file a

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Scheduling Order from August 3, 2017 to November 2, 2017.

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Dated: July 28, 2017

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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 from August 3, 2017, to

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November 2, 2017 at 10:00 a.m. No further continuances will be granted absent

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new and presently unforeseeable good cause. Parties may appear in person or by

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phone. Telephonic conferences are joined by calling: [phone] and entering code

Fifth 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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4446176. Please email the Courtroom deputy to indicate if you will be appearing by

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telephone @ [e-mail]. A Joint Scheduling Report shall be

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electronically filed in CM/ECF one (1) full week prior to the Scheduling Conference and

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be e-mailed, in Word format, to [e-mail].

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IT IS SO ORDERED.
Dated:

July 27, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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