J&J Sports Productions, Inc. v. Yeung

Filing 19

ORDER Granting 18 Ex Parte Application for an Order Vacating the Case Management Conference. Case Management Statement due by 8/23/2011. Case Management Conference set for 8/30/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)

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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.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

CASE NO. 4:10-cv-05133-CW

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Plaintiff,
vs.
PAK SHING YEUNG, et al.

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PLAINTIFF’S EX PARTE
APPLICATION FOR AN ORDER
VACATING THE CASE
MANAGEMENT CONFERENCE; AND
ORDER

Defendant.
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TO THE HONORABLE CLAUDIA WILKEN, THE DEFENDANTS, AND HIS
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ATTORNEYS OF RECORD:
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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, May 31, 2011 at 2:00 P.M. This
request will be, and is, necessitated by the fact that defendant Pak Shing Yeung, individually and d/b/a

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Hard Hats Bistro is in default and Plaintiff’s Application for Default Judgment will soon be filed

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before this Honorable Court.

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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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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 Case Management Conference Statement.

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING
THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed)
CASE NO. 4:10-cv-05133-SI
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case

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Management Conference presently scheduled for Tuesday, May 31, 2011 at 2:00 P.M. in order that

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Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final

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disposition by virtue of Plaintiff’s Application for Default Judgment by the Court.

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Respectfully submitted,

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Dated: May 25, 2011
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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 VACATING
THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed)
CASE NO. 4:10-cv-05133-SI
PAGE 2

ORDER

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It is hereby ordered that the Case Management Conference in civil action number 4:10-cv-05133-

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CW styled J & J Sports Productions, Inc. v. Pak Shing Yeung, et al., is continued to Tuesday, August

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30, 2011 at 2:00 p.m.
Plaintiff shall also serve a copy of this Order on the Defendant and thereafter file a Certification

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of Service of this Order with the Clerk of the Court.

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IT IS SO ORDERED:
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Dated:
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THE HONORABLE CLAUDIA WILKEN
United States District Court
Northern District of California

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING
THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed)
CASE NO. 4:10-cv-05133-SI
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5/25/2011

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. I am readily familiar with this law firm's practice for collection and processing of
correspondence/documents for mail in the ordinary course of business.

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On May 25, 2011, I served:
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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING THE
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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Pak Shing Yueng (Defendant)
11 San Pedro Road
Colma, CA 94014

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I declare under the penalty of perjury pursuant to the laws of the United States that the foregoing
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is true and correct, and that this declaration was executed on May 25, 2011, at South Pasadena,
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California.
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Dated: May 25, 2011

/s/ Maria Baird
MARIA BAIRD

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PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER VACATING
THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed)
CASE NO. 4:10-cv-05133-SI
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