J & J Sports Productions, Inc. et al-v-Pedro Salvador Saucedo

Filing 23

Order Denying 22 Ex Parte Application to Vacate or Continue Case Management Conference. The Court ordered at the June 8, 2011 Case Management Conference that Mr. Riley personally appear at the August 26, 2011 Case Management Conference. Signed by Hon. Edward J. Davila on 8/18/2011. (ecg, COURT STAFF) (Filed on 8/18/2011)

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Attorneys for Plaintiffs
J & J Sports Productions, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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Tel: [phone]
Fax: [phone]
[e-mail]

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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

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8/18/2011

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J & J SPORTS PRODUCTIONS, INC.,
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Plaintiff,

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vs.

CASE NO. 5:10-CV-05131-EJD

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PEDRO SALVADOR SAUCEDO, et al.

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

Defendant.
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TO THE HONORABLE EDWARD J. DAVILA, THE DEFENDANT, AND THEIR

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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
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Management Conference in this action, presently set for Friday, August 26, 2011 at 1:30 P.M. This
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request will be, and is, necessitated by the fact that Defendant Pedro Salvador Saucedo a/k/a Pedro S.
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Salvador, individually and d/b/a Mariscos El Pilar De Nayarit is in default1 and Plaintiff’s Application
for Default Judgment is presently set to be heard before the Honorable Edward J. Davila on
September 23, 2011 at 9:00 A.M.

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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-05131-EJD
PAGE 1

WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case

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Management Conference presently scheduled for Friday, August 26, 2011 at 1:30 P.M. or conduct the

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conference on the same date the hearing on Plaintiff’s Application for Default Judgment in order that

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Plaintiff and its counsel may avoid unnecessary fees and costs in this matter.

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Respectfully submitted,

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Dated: August 16, 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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///
IT IS SO ORDERED.

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/// request to continue the conference is DENIED. The Court ordered at the June 8, 2011 Case
The
Management Conference that Mr. Riley personally appear at the August 26, 2011 Case Management
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Conference.

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Dated: August 18, 2011

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__________________________________
Edward J. Davila
United States District Judge

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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-05131-EJD
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