Joe Hand Promotions, Inc. v. Talayarathe et al

Filing 18

Application and Order: The Case Management Conference set for 3/16/12 is continued to 4/20/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 3/13/12. (tdm, COURT STAFF) (Filed on 3/13/2012)

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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 Plaintiff
Joe Hand Promotions, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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JOE HAND PROMOTIONS, INC.,

CASE NO. 11-cv-02554-SC

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Plaintiff,

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vs.

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VIDURA TALAYARATHE, et al.

PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER
(Proposed)

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Defendants.
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TO THE HONORABLE SAMUEL CONTI, THE PARTIES AND THEIR
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ATTORNEY/S OF RECORD:
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Plaintiff Joe Hand Promotions, Inc., hereby applies ex parte for an order continuing the Case

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Management Conference in this action, presently set for Friday, March 16, 2012 at 10:00 a.m. to a new

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date approximately thirty (30) to forty-five (45) days forward. This request is necessitated by the fact

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that the Defendants Vidura Talayarathe and Italiano Restaurant, Inc. have not yet answered Plaintiff’s

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Complaint (despite service of suit papers1).

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As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive

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pleading from the defendant. As a result, Plaintiff’s counsel has not conferred with the defendant

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Please see ECF #15 and 16.
PLAINTIFF’S EX PARTE APPLICATION FOR AN
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER (Proposed)
CASE NO. 3:11-cv-02554-SC
PAGE 1

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concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the

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case itself or the preparation of a Joint Case Management Conference Statement.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Case
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Management Conference presently scheduled for Friday, March 16, 2012 to a new date approximately
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thirty (30) to forty-five (45) days forward.
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Respectfully submitted,

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Dated: March 8, 2012

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/s/ Thomas P. Riley
LAW OFFICES OF THOMAS P. RILEY, P.C.
By: Thomas P. Riley
Attorneys for Plaintiff
Joe Hand Promotions, Inc.

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PLAINTIFF’S EX PARTE APPLICATION FOR AN
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER (Proposed)
CASE NO. 3:11-cv-02554-SC
PAGE 2

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ORDER (Proposed)

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It is hereby ordered that the Case Management Conference in civil action number 3:11-cv-025549

SC styled Joe Hand Promotions, Inc. v. Vidura Talayarathe, et al., is continued to April 20, 2012 at
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10:00 a.m.
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Plaintiff shall also serve a copy of this Order on the Defendants and thereafter file a Certification
of Service of this Order with the Clerk of the Court.

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IT IS SO ORDERED:

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UNIT
ED

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FO

H

ER

LI

RT

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R NIA

THE HONORABLE SAMEUL CONTI
United States DistrictCCourt
onti
amuel
Judge S
Northern District of California

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D

NO

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ERE
O ORD
IT IS S

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PLAINTIFF’S EX PARTE APPLICATION FOR AN
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER (Proposed)
CASE NO. 3:11-cv-02554-SC
PAGE 3

3/13/12
Dated:

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PROOF OF SERVICE (SERVICE BY MAIL)

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I declare that:

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I am employed in the County of Los Angeles, California. I am over the age of eighteen years
and not a party to the within cause; my business address is 1114 Fremont Avenue, South Pasadena,
California 91030. I am readily familiar with this law firm's practice for collection and processing of

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correspondence/documents for mail in the ordinary course of business.
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On March 8, 2012, I served:

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PLAINTIFF’S AMENDED EX PARTE APPLICATION FOR AN ORDER
CONTINUING CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed)
On all parties in said cause by enclosing a true copy thereof in a sealed envelope with postage
prepaid and following ordinary business practices, said envelope was duly mailed and addressed to:

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Vidura Talayarathe (Defendant)
3800 Klose Way, Suite H
Richmond, CA 94806

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Italiano Restaurants, Inc. (Defendant)
3800 Klose Way, Suite H
Richmond, CA 94806

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PLAINTIFF’S EX PARTE APPLICATION FOR AN
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER (Proposed)
CASE NO. 3:11-cv-02554-SC
PAGE 4

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I declare under the penalty of perjury pursuant to the laws of the United States that the

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foregoing is true and correct, and that this declaration was executed on March 8, 2012, at South

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Pasadena, California.

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Dated: March 8, 2012

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PLAINTIFF’S EX PARTE APPLICATION FOR AN
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; AND ORDER (Proposed)
CASE NO. 3:11-cv-02554-SC
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/s/ Maria Baird
MARIA BAIRD