J&J Sports Productions, Inc. v. Fraide

Filing 14

ORDER GRANTING IN PART 13 PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 12/3/2010 is CONTINUED to 2/4/2011 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 12/2/2010. (jflc2, COURT STAFF) (Filed on 12/2/2010)

J&J Sports Productions, Inc. v. Fraide

Doc. 14

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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.

**E-Filed 12/2/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION J & J SPORTS PRODUCTIONS, INC., Plaintiff, vs. ANGEL PANIAGUA FRAIDE, et al. Defendant. CASE NO. 5:10-cv-04180-JF ORDER GRANTING IN PART PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE -----MANAGEMENT CONFERENCE; AND -------------------------ORDER (Proposed)

TO THE HONORABLE JEREMY FOGEL, 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 Friday, December 3, 2010 at 10:30 a.m. This request will be, and is, necessitated by the fact that defendant Angel Paniagua Fraide, individually and d/b/a El Pollo Dorado 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-04180-JF 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 Friday, December 3, 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: November 24, 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-04180-JF PAGE 2

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ORDER ---------------(Proposed) It is hereby ordered that the Case Management Conference in civil action number 5:10-cv-04180continued to 2/4/2011 at 10:30 am. --------JF styled J & J Sports Productions, Inc. v. Angel Paniagua Fraide, et al., is hereby vacated.-Plaintiff shall also serve a copy of this Order on the Defendant and thereafter file a Certification of Service of this Order with the Clerk of the Court.

IT IS SO ORDERED:

Dated: 12/2/2010 THE HONORABLE JEREMY FOGEL 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-04180-JF PAGE 3

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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 November 24, 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: Angel Paniagua Fraide (Defendant) 701 East Alisal Street Salinas, CA 93905 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 November 24, 2010, at South Pasadena, California. Dated: November 24, 2010 /s/ Maria Baird MARIA BAIRD

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER (Proposed) CASE NO. 5:10-cv-04180-JF PAGE 4