Joseph Ercoli v. JLC Productions et al

Filing 22

ORDER vacating the Friday, 5/13/2016 at 9:01AM Compliance hearing. Signed by Judge Yvonne Gonzalez Rogers on 5/9/16. (fs, COURT STAFF) (Filed on 5/9/2016)

1
2
3
4

Andrew D. Winghart, Bar No. 225099
[e-mail]
WINGHART LAW GROUP, INC.
495 Seaport Court, Suite 104
Redwood City, California 94063
Telephone:
[phone]
Facsimile:
[phone]

5
6

Attorneys for Plaintiff, Joseph Ercoli

7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

WINGHART LAW GROUP, INC.

11

JOSEPH ERCOLI, an individual

CASE NO: 4:15-CV-6333

12
13

Plaintiff,

14
15
16
17
18

v.
TOP SHELF CLASSICS, an unknown entity,
KIMPTON HOTEL & RESTAURANT, an
unknown entity, INTERCONTINENTAL
HOTELS GROUP, PLC, a foreign
corporation, and Does 1 through 10, inclusive,

19

Defendants.

20
21

PLAINTIFF’S CERTIFICATION OF
COMPLIANCE FOR COMPLIANCE
HEARING PURSUANT TO ORDER
[DKT. 17] & [PROPOSED] ORDER
HEARING DATE:

MAY 13, 2016

TIME:

9:01 AM

DEPT.:

COURTROOM 1

PLAINTIFF’S CERTIFICATION OF COMPLIANCE

22
23
24
25
26
27

Plaintiff Joseph Ercoli, pursuant to the Court’s Order of April 7, 2016 [Dkt. 17] provides
the following certifications relating to service of the Defendants subsequent to said Order:
1.

Plaintiff has dismissed Kimpton Hotel & Restaurant and Intercontinental Hotel
Group, PLC, without prejudice, pursuant to Fed.R.Civ.P. 41(a)(1). [Dkt. 19.] An
Order of Dismissal was entered by the Court on May 3, 2016. [Dkt. 20.]

28
-1PLAINTIFF’S NOTICE OF COMPLIANCE AND [PROPOSED] ORDER (4:15-CV-6333)

2.

1

Defendant Top Shelf Classics was served on April 6, 2016, under Fed.R.Civ.P.

2

4(e)(1). Proof of service was filed with the Court. [Dkt. 18.] No response to the

3

Complaint has been filed by Top Shelf Classics. Plaintiff will be taking default

4

against Defendant Top Shelf.

5

3.

No other Defendant in this action remains to be served.

6

WHEREFORE, Plaintiff Ercoli respectfully requests the Court vacate the Compliance

7
8

Hearing, set for the Court’s 9:01 AM calendar on May 13, 2016

9
10

WINGHART LAW GROUP, INC.

11

Dated this 6th of May 2016.

WINGHART LAW GROUP, INC.

12
13

/S/
Andrew D. Winghart
Counsel for Plaintiff JOESEPH
ERCOLI

14
15
16

[PROPOSED] ORDER

17
18

Based upon the certification of counsel for Plaintiff Joseph Ercoli that all defendants in

19

this Action have been served pursuant to the Federal Rules; or have been dismissed from this

20

Action,

21
22
23
24

IT IS HEREBY ORDERED that the Compliance Hearing, set for the Court’s 9:01 AM
calendar on May 13, 2016, is VACATED. Plaintiff shall file the request for default within ten (10)
business days of this Order.

25
26
27

DATED: ________________
May 9, 2016

_________________________________
HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

28
-2PLAINTIFF’S NOTICE OF COMPLIANCE AND [PROPOSED] ORDER (4:15-CV-6333)