Joe Hand Promotions, Inc. v. Juarez

Filing 28

Order Denying 27 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
Joe Hand Promotions, Inc.

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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

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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JOE HAND PROMOTIONS, INC.,
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Plaintiff,

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vs.

CASE NO. 5:10-cv-05580-EJD

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ALDO JIMENEZ JUAREZ, 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 DEFENDANTS, AND HIS

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ATTORNEYS OF RECORD:
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Plaintiff Joe Hand Promotions, 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 Aldo Jimenez Juarez, individually and
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d/b/a Aldo's Mexican Sports Restaurant 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-05580-EJD
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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
Joe Hand Promotions, Inc.

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IT IS SO ORDERED.
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The request continue the conference or in the alternative Court by telephone June 8, 2011
/// The request to to continue the conference is DENIED. The appearordered at the is DENIED. The
Case ordered at the June 8, 2011 Case Riley personally appear that August 26, 2011 Case
CourtManagement Conference that Mr. Management Conferenceat theMr. Riley personally appear at
Management Conference
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the August 26, 2011 Case Management 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-05580-EJD
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