Freshko Produce Services, Inc. v. C & A Fresh Produce, et al.

Filing 18

ORDER 17 signed by Magistrate Judge Allison Claire on 2/24/2015 GRANTING plaintiff's 16 Request to continue hearing. The 8 Motion for Default Judgment Hearing is RE-SCHEDULED for 4/8/2015 at 10:00 AM in Courtroom 26 (AC). Plaintiff's 16 Request to vacate Court's Pretrial Scheduling Conference is DENIED. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESHKO PRODUCE SERVICES, INC.,

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No. 2:14-cv-01744-KJM-AC

Plaintiff,
v.

ORDER

C & A FRESH PRODUCE, et al.,
Defendants.

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On January 23, 2015, plaintiff filed a motion for default judgment against Defendants C &

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A Fresh Produce and Hristos Artsitas, with a noticed hearing for February 27, 2015. ECF No. 8.

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On the same day, plaintiff filed an amended motion with a corrected hearing date of February 25,

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2015. ECF No. 13. On February 5, 2015, plaintiff filed a notice that Defendant Artsitas had filed

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for bankruptcy. ECF No. 16. On February 23, 2015, plaintiff filed a notice rescheduling the

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hearing on its motion for default judgment from February 25, 2015, to April 8, 2015. ECF No.

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16. According to plaintiff, the parties have come to a settlement agreement in Defendant

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Artsitas’s bankruptcy proceedings. Id. at 2. That settlement contemplates the settlement of this

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matter. Id. Accordingly, plaintiff requests that the court delay the hearing on plaintiff’s motion

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for default judgment to allow the bankruptcy judge time to approve the settlement. Id. Plaintiff

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also requests that the undersigned vacate the pretrial scheduling conference set for March 5, 2015,

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by Judge Mueller. Id.; ECF No. 7.
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The court finds good cause to continue the hearing on plaintiff’s motion for default

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judgment. However, the undersigned cannot vacate the pretrial scheduling conference in this

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matter, as it was set by the presiding district judge. If plaintiff would like to vacate the pretrial

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scheduling conference it must file the appropriate motion with Judge Mueller.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that:

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1. Plaintiff’s request to continue the hearing on its motion for default judgment to April 8,

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2015, ECF No. 16, is GRANTED; and
2. Plaintiff’s request to vacate the court’s pretrial scheduling conference, ECF No. 16, is
DENIED.
DATED: February 24, 2015

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