J&J Sports Productions, Inc. v. Huezo et al

Filing 11

ORDER ON PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE. The Case Management Conference is continued from January 27, 2012 to April 6, 2012. Plaintiff is granted an ad ditional forty-five days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal. Signed by Judge Maxine M. Chesney on January 18, 2012. (mmclc2, COURT STAFF) (Filed on 1/18/2012)

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1 2 3 4 5 6 7 Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Avenue South Pasadena, CA 91030-3227 Tel: 626-799-9797 Fax: 626-799-9795 TPRLAW@att.net Attorneys for Plaintiff J & J Sports Productions, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 9 10 11 J & J SPORTS PRODUCTIONS, INC., Plaintiff, 12 13 14 v. JORGE ALBERTO HUEZO, et al. 15 18 19 EX PARTE APPLICATION FOR AN ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER (Proposed) Defendants. 16 17 CASE NO. 3:11-cv-04591-MMC TO THE HONORABLE MAXINE M. CHESNEY, THE PARTIES AND THEIR ATTORNEY/S OF RECORD: Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order continuing the Case 20 Management Conference presently set for Friday, January 27, 2012 at 10:30 am. As set forth below 21 Plaintiff respectfully requests that the Court continue the Case Management Conference and extend the 22 time to complete service to a new date approximately Thirty (30) to Forty-Five (45) days forward. 23 The request for the brief continuance is necessitated by the fact that Plaintiff has not yet 24 perfected service of the initiating suit papers upon the Defendants Jorge Alberto Huezo and Vilma 25 Arely Huezo, individually and d/b/a Los Gallitos Restaurant. 26 27 28 sel 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. EX PARTE APPLICATION FOR AN ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER (Proposed) CASE NO. 3:11-cv-04591-MMC 1 2 Plaintiff recently identified an alternative address that it believes will be successful to serve its initiating suit papers, upon the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Case 3 4 Management Conference, presently scheduled for Friday, January 27, 2012 at 10:30 am and permit an 5 additional Thirty (30) to Forty-Five (45) days 6 and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, 7 a Notice of Voluntary Dismissal as to Defendants. 8 9 Respectfully submitted, 10 11 12 13 Dated: January 13, 2012 14 15 16 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. 17 18 19 /// /// /// 20 21 22 23 24 /// /// /// /// /// 25 /// 26 /// 27 /// 28 /// EX PARTE APPLICATION FOR AN ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER (Proposed) CASE NO. 3:11-cv-04591-MMC 1 2 ORDER (Proposed) 4 4591 It is hereby ordered that the Case Management Conference in civil action number 5:11-cv-05443Jorge Alberto Huezo PSG styled J & J Sports Productions, Inc. v. Josefina Trujillo, et al., is hereby continued from 10:30 5 am, Friday, January 27, 2012 to 3 8 9 10 effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to defendants Jorge Alberto Huezo and Vilma Arely Huezo, individually and d/b/a Los Gallitos Restaurant, where service has not been made or service by publication requested. Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of 11 12 . Plaintiff is granted an additional Thirty (30) to Forty-Five (45) 6 7 April 6, 2012 Service of this Order with the Clerk of the Court. 13 14 15 IT IS SO ORDERED: 16 17 18 19 20 Dated: THE HONORABLE MAXINE M. CHESNEY United States District Court Northern District of California 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// EX PARTE APPLICATION FOR AN ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER (Proposed) CASE NO. 3:11-cv-04591-MMC January 18, 2012

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