J&J Sports Productions, Inc. v. Nelia Velasco Nisperos

Filing 15

ORDER VACATING CASE MANAGEMENT CONFERENCE re 14 . Signed by Judge Koh on 8/20/10. (lhklc1, COURT STAFF) (Filed on 8/20/2010)

J&J Sports Productions, Inc. v. Nelia Velasco Nisperos

Doc. 15

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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. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION J & J SPORTS PRODUCTIONS, INC., Plaintiff, vs. NELIA VELASCO NISPEROS, et al. Defendant. PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:10-cv-01890-LHK

TO THE HONORABLE LUCY H. KOH, THE DEFENDANT, AND HER 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 Tuesday, August 24, 2010 at 1:30 p.m. This request will be, and is, necessitated by the fact that defendant Nelia Velasco Nisperos, individually and d/b/a Mr. Suave is 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 defendant. As a result, Plaintiff's counsel has not conferred with the defendant 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. 5:10-cv-01890-LHK PAGE 1

Dockets.Justia.com

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WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Tuesday, August 24, 2010 at 1:30 p.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: August 18, 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.

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PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:10-cv-01890-LHK PAGE 2

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ORDER (Proposed) It is hereby ordered that the Case Management Conference in civil action number 5:10-cv-01890LHK styled J & J Sports Productions, Inc. v. Nelia Velasco Nisperos, 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: August 20, 2010 THE HONORABLE LUCY H. KOH United States District Court Northern District of California /// /// /// /// /// /// /// /// /// /// /// /// ///

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:10-cv-01890-LHK PAGE 3