J & J Sports Productions, Inc. v. Mosley

Filing 25

ORDER Granting 24 Ex Parte Application for an Order Vacating the Case Management Conference. Signed by Judge Claudia Wilken on 5/24/2011. (ndr, COURT STAFF) (Filed on 5/24/2011)

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1 2 3 4 5 6 Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Avenue South Pasadena, CA 91030 Tel: 626-799-9797 Fax: 626-799-9795 TPRLAW@att.net Attorneys for Plaintiffs J & J Sports Productions, Inc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 8 9 10 J & J SPORTS PRODUCTIONS, INC., CASE NO. 4:10-cv-05126-CW 11 12 13 14 Plaintiff, vs. ROXANNE MONIQUE MOSLEY, et al. 15 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER Defendant. 16 17 TO THE HONORABLE CLAUDIA WILKEN, THE DEFENDANT, AND HER 18 ATTORNEYS OF RECORD: 19 20 21 Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Case Management Conference in this action, presently set for Friday, May 31, 2011 at 2:00 P.M. This request will be, and is, necessitated by the fact that Defendant Roxanne Monique Mosley, individually and d/b/a 22 Sweet Fingers a/k/a Sweetfingers Jamaican Restaurant is in default and Plaintiff’s Application for 23 Default Judgment is currently pending before this Honorable Court. 24 As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive 25 pleading from the Defendant. As a result, Plaintiff’s counsel has not conferred with the Defendant 26 concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the 27 case itself or the preparation of a Case Management Conference Statement. 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 4:10-cv-05126-CW PAGE 1 1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case 2 Management Conference presently scheduled for Friday, May 31, 2011 at 2:00 P.M. in order that 3 Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final 4 disposition by virtue of Plaintiff’s Application for Default Judgment by the Court. 5 6 Respectfully submitted, 7 8 9 10 Dated: May 24, 2011 11 12 13 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. 14 15 /// 16 /// 17 /// 18 /// 19 20 /// 21 /// 22 /// 23 /// 24 25 /// 26 /// 27 /// 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 4:10-cv-05126-CW PAGE 2 ORDER 1 2 It is hereby ordered that the Case Management Conference in civil action number 4:10-cv-05126- 3 4 CW styled J & J Sports Productions, Inc. v. Roxanne Monique Mosley, et al., is hereby vacated. Plaintiff shall also serve a copy of this Order on the Defendant and thereafter file a Certification 5 6 of Service of this Order with the Clerk of the Court. 7 8 9 IT IS SO ORDERED: 10 11 12 13 14 Dated: THE HONORABLE CLAUDIA WILKEN United States District Court Northern District of California 15 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 23 24 /// /// /// /// 25 /// 26 /// 27 /// 28 PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 4:10-cv-05126-CW PAGE 3 5/24/2011

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