J & J Sports Productions, Inc. v. Ortega

Filing 17

ORDER granting 16 MOTION for Extension of Time. Case Management Conference continued to 4/21/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 4/14/2015. Signed by Judge William H. Orrick on 01/05/2015. (jmdS, COURT STAFF) (Filed on 1/5/2015)

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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 91030-3227
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
J & J Sports Productions, Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

CASE NO. 3:14-cv-03949-WHO

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Plaintiff,

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v.

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PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
EXTENDING TIME TO COMPLETE
SERVICE; AND ORDER

ANTONIO SANCHEZ ORTEGA, et al.

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Defendant.

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TO THE HONORABLE WILLIAM H. ORRICK, THE PARTIES AND THEIR
ATTORNEY/S OF RECORD:
As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon
Defendant Antonio Sanchez Ortega a/k/a Antonio Ortega, individually and d/b/a Plaza Garibaldi.
WHEREFORE, Plaintiff makes the following representations and recommendations:

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1.

On September 2, 2014, Plaintiff’s Complaint was filed against Defendant Antonio

Sanchez Ortega a/k/a Antonio Ortega, individually and d/b/a Plaza Garibaldi.

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2.
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Plaintiff has still not perfected service of the initiating suit papers upon the Defendant

Antonio Sanchez Ortega a/k/a Antonio Ortega, individually and d/b/a Plaza Garibaldi, despite efforts
to do so. Please see attached hereto and made part hereof Plaintiff’s Exhibit 1.

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 3:14-cv-03949-WHO

4.

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As of this writing, Plaintiff’s counsel is attempting to skiptrace the Defendant

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Antonio Sanchez Ortega a/k/a Antonio Ortega, to locate his whereabouts. In the event that we

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cannot locate the Defendant, Plaintiff’s counsel will seek no further extensions in this action and will

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either dismiss the defendant outright or seek to effect service by publication within the additional

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days granted by way of this Application form this Honorable Court.

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff an

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additional Forty-Five (45) days from today’s date to effectuate service of the Summons and
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Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a
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Notice of Voluntary Dismissal as to the named defendant.

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Respectfully submitted,

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Dated: December 31, 2014

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/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
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 3:14-cv-03949-WHO

ORDER

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Plaintiff is granted an additional Forty-Five (45) days from today’s date to effectuate service

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of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or

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in the alternative, a Notice of Voluntary Dismissal as to defendant Antonio Sanchez Ortega a/k/a

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Antonio Ortega, individually and d/b/a Plaza Garibaldi, where service has not been made or service by

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publication requested.
Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of

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Service of this Order with the Clerk of the Court. The Case Management Conference scheduled for
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January 20, 2015 shall be continued to April 21, 2015, at 2:00 pm.
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IT IS SO ORDERED:

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Dated: January 5, 2015
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THE HONORABLE WILLIAM H. ORRICK
United States District Court
Northern District of California

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 3:14-cv-03949-WHO

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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,

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California. 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 December 31, 2014, I served:

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER EXTENDING TIME
TO COMPLETE SERVICE; AND ORDER (Proposed)

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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:
Antonio Sanchez Ortega
a/k/a Antonio Ortega (Defendant)
250 23rd Street
Richmond, CA 94804
The fully sealed envelope with pre-paid postage was thereafter placed in our law firm’s

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outbound mail receptacle in order that this particular piece of mail could be taken to the United States

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Post Office in South Pasadena, California later this day by myself (or by another administrative

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assistant duly employed by our law firm).

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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 January 5, 2015, at South

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Pasadena, California.

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Dated: January 5, 2015
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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER
EXTENDING TIME TO COMPLETE SERVICE; AND ORDER
CASE NO. 3:14-cv-03949-WHO

/s/ Stefanie Martinez
STEFANIE MARINEZ