Joe Hand Promotions Inc v. Dang

Filing 16

Order Denying 15 Ex Parte Application to Vacate or Continue Case Management Conference. The Court ordered in its June 16, 2011 Order Mr. Riley to personally and physically 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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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
Joe Hand Promotions, Inc.

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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. 5:11-cv-00508-EJD

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UYEN DANG, 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 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 Uyen Dang, individually and d/b/a Chot
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Nho Café is in default1 and Plaintiff’s Application for Default Judgment is presently set to be heard
before the Honorable Edward J. Davila on December 16, 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. 5:11-cv-00508-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 to continue the conference is DENIED. In its June 16, 2011 Order the Court
ordered Mr. Riley personally and physically appear at 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. 5:11-cv-00508-EJD
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