J & J Sports Productions Inc v. Guzman et al

Filing 16

ORDER GRANTING 14 PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE, AS MODIFIED. The Case Management Conference set for 7/2/2010 is CONTINUED to 9/3/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 6/28/2010. (jflc2, COURT STAFF) (Filed on 6/28/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. **E-Filed 6/28/2010** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION J & J SPORTS PRODUCTIONS, INC., Plaintiff, vs. SERGIO SANTANA GUZMAN, et al. Defendants. PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND -------------ORDER (Proposed) AS MODIFIED CASE NO. 5:09-cv-05124-JF TO THE HONORABLE JEREMY FOGEL, THE DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: 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, July 2, 2010 at 10:30 a.m. This request will be, and is, necessitated by the fact that defendants Sergio Santana Guzman, individually and d/b/a Tacos Santana; and Besag, Inc., an unknown business entity d/b/a Tacos Santana are in default and Plaintiff's Application for Default Judgment will soon be filed with this Honorable Court. As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendants 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. PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:09-cv-05124-JF PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Friday, July 2, 2010 at 10:30 a.m. in order that Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final disposition by virtue of Plaintiff's Application for Default Judgment by the Court. Respectfully submitted, Dated: June 25, 2010 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc. /// /// /// /// /// /// /// /// /// /// /// PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:09-cv-05124-JF PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ------------ORDER (Proposed) It is hereby ordered that the Case Management Conference in civil action number 5:09-cv-05124continued to 9/3/2010. JF styled J & J Sports Productions, Inc. v. Sergio Santana Guzman, et al., is hereby --------vacated. Plaintiff shall also serve a copy of this Order on the Defendants and thereafter file a Certification of Service of this Order with the Clerk of the Court. IT IS SO ORDERED: Dated: THE HONORABLE JEREMY FOGEL United States District Court Northern District of California /// /// /// /// /// /// /// /// /// /// /// /// /// 6/28/2010 PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:09-cv-05124-JF PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (SERVICE BY MAIL) I declare that: 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. On June 25, 2010, I served: 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: Sergio Santana Guzman (Defendant) 330 Chukar Court Tracy, CA 95376 Besag, Inc. (Defendant) 330 Chukar Court Tracy, CA 95376 I declare under the penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct, and that this declaration was executed on June 25, 2010, at South Pasadena, California. Dated: June 25, 2010 /s/ Maria Baird MARIA BAIRD PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:09-cv-05124-JF PAGE 4

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