Acosta v. Damian, et al.

Filing 23

Plaintiff's 22 Request to continue mandatory scheduling conference; Order, signed by Magistrate Judge Sheila K. Oberto on 5/2/2018. The Mandatory Scheduling Conference currently set for May 8, 2018, shall be continued to July 17, 2018, at 10:15 A.M. before Magistrate Judge Sheila K. Oberto. (Rosales, O)

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Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff,
Jose Acosta

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,

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Plaintiff,
vs.
JUAN DAMIAN dba EL PARIAN
GROCERY MART, et al.,
Defendants.

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No. 1:17-cv-1533-DAD-SKO
PLAINTIFF’S REQUEST TO CONTINUE
MANDATORY SCHEDULING
CONFERENCE; ORDER
(Doc. 22)
Current MSC Date:
Time:
Courtroom:

May 8, 2018
10:30 a.m.
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Magistrate Judge Sheila K. Oberto

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Plaintiff Jose Acosta (“Plaintiff”), by and through his attorneys of record, hereby

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requests a continuance of the Mandatory Scheduling Conference currently scheduled in this

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matter for May 8, 2018 at 10:30 a.m. for the reasons set forth below.

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1.

Plaintiff has reached a settlement with defendant Juan Damian dba El Parian

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Grocery Mart (“Damian”), and Damian was dismissed from the action on March 23, 2018

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(Dkt. 18).

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2.

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Clerk’s defaults were entered against defendants Ali Sadik (“Sadik”) and John

Kojigian, Jr. (“Kojigian”) on March 16, 2018 (Dkt. 14 and 15).

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PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE;
ORDER
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3.

Plaintiff’s counsel has been in contact with counsel for Kojigian, and Plaintiff

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and Kojigian stipulated to set aside Kojigian’s default on March 22, 2018 (Dkt. 17). Pursuant

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to the Order granting that stipulation, Kojigian’s responsive pleading was to be filed by April

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14, 2018 (Dkt. 19).

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4.

While Kojigian has not timely filed a responsive pleading, Plaintiff and

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Kojigian are discussing resolution of Plaintiff’s claims against Kojigian and Plaintiff believes

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that a resolution is imminent. For that reason, Plaintiff has not again requested entry of

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Kojigian’s default.

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5.

Once Plaintiff’s claims against Kojigian have been resolved, Plaintiff will

proceed with a motion for default judgment against Sadik on his remaining claims.

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For the reasons set forth above, Plaintiff respectfully requests that the Mandatory

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Scheduling Conference currently set for May 8, 2018 be continued to a date after June 20,

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2018, to be vacated if Plaintiff files a motion for default judgment in the intervening time.

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Dated: May 1, 2018

MISSION LAW FIRM, A.P.C.

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/s/ Zachary M. Best
Zachary M. Best
Attorney for Plaintiff,
Jose Acosta

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ORDER

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Upon request by Plaintiff (Doc. 22) and good cause appearing,

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The Mandatory Scheduling Conference currently set for May 8, 2018, shall be continued

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to July 17, 2018, at 10:15 A.M. before Magistrate Judge Sheila K. Oberto in Courtroom 7 of

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the above-entitled Court. A Joint Scheduling Report shall be filed one week prior to the

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Conference.

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IT IS SO ORDERED.

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PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE;
ORDER
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Dated:

May 2, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE;
ORDER
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