J & J Sports Productions, Inc., v. Reman

Filing 10

ORDER CONTINUING CASE MANAGEMENT CONFERENCE; SETTING DEADLINE TO FILE APPLICATION FOR DEFAULT JUDGMENT. The Case Management Conference is continued from September 25, 2009 to December 11, 2009. Plaintiff shall serve a copy of this order on defendant and file a certification of service no later than September 24, 2009. Plaintiff is ordered to file, no later than October 16, 2009, an application for default judgment or a statement indicating why it should not be required to do so. Signed by Judge Maxine M. Chesney on September 18, 2009. (mmclc1, COURT STAFF) (Filed on 9/18/2009)

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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 J & J Sports Productions, Inc. UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

J & J Sports Productions, Inc., Plaintiff, vs. Robert Floyd Reman, et al. Defendant.

CASE NO. 3:09-cv-02560-MMC PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDERCONTINUING CASE MANAGEMENT CONFERENCE; SETTING DEADLINE TO FILE APPLICATION FOR DEFAULT JUDGMENT

Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order vacating the Case Management Conference in this action, presently set for Tuesday, September 29, 2009 at 10:30 a.m. This request will be, and is, necessitated by the fact that defendant Robert Floyd Reman is in default. Plaintiff will soon be filing its Application for Default Judgment. As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendant. 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. 3:09-cv-02560-MMC PAGE 1

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Tuesday, September 29, 2009at 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: September 17, 2009

/s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.

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PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 3:09-cv-02560-MMC PAGE 2

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ORDER (Proposed) It is hereby ordered that the Case Management Conference in civil action number 3:09-cv-02560MMC styled J & J Sports Productions, Inc. v. Robert Floyd Reman, et al., is hereby vacated. continued from September 25, 2009 to December 11, 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 September 24, 2009. Further, plaintiff is ordered to file, no later than October 16, 2009, an application for default judgment or a statement indicating why it should not be required to do so. IT IS SO ORDERED:

Dated: September 18, 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. 3:09-cv-02560-MMC PAGE 3