Kingvision Pay-Per-View Ltd. v. Montecinos et al

Filing 22

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from June 19, 2009 to August 21, 2009; a Case Management Statement shall be filed by August 14, 2009. Plaintiff shall serve a copy of this order on defendant and file a certification of service no later than June 17, 2009. Signed by Judge Maxine M. Chesney on June 10, 2009. (mmclc1, COURT STAFF) (Filed on 6/10/2009)

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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 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiffs KingVision Pay-Per-View, Ltd. UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

KingVision Pay-Per-View, Ltd., Plaintiff, vs. Jose Maximiliano Montecinos, et al. Defendant.

CASE NO. CV 09-00218 MMC PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CONTINUING CASE MANAGEMENT CONFERENCE

Plaintiff KingVision Pay-Per-View, Ltd., hereby applies ex parte for an order vacating the Case Management Conference in this action, presently set for Friday, June 19, 2009 at 10:30 a.m. This request will be, and is, necessitated by the fact that defendants Jose Maximiliano Montecinos and Maria Alicia Montecinos are in default and Plaintiff's Application for Default Judgment is presently pending before the Court As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendant concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Case Management Conference Statement. /// ///

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. CV 09-00218 MMC PAGE 1

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Friday, June 19, 2009 at 10:30 a.m. in order that Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final disposition by virtue of Plaintiff's Application for Default Judgment by the Court.

Respectfully submitted,

Dated: June 9, 2009,

/s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff KingVision Pay-Per-View, Ltd.

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PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. CV 09-00218 MMC PAGE 2

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ORDER (Proposed)

It is hereby ordered that the Case Management Conference in civil action number CV 09-00218 styled KingVision Pay-Per-View, Ltd. v. Jose Maximiliano Montecinos, et al., is hereby vacated. CONTINUED to August 21, 2009; a Case Management Statement shall be filed by August 14, 2009. Plaintiff shall also 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. no later than June 17, 2009.

IT IS SO ORDERED:
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Dated: June 10, 2009 THE HONORABLE MAXINE M. CHESNEY United States District Court Northern District of California /// /// /// /// /// /// /// /// /// /// /// /// ///

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. CV 09-00218 MMC PAGE 3