The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE SCHEDULING CONFERENCE; AND ORDER
TO THE HONORABLE JENNIFER L. THURSTON, THE DEFENDANT, AND ITS ATTORNEYS OF RECORD:
Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Scheduling Conference in this action, presently set for Thursday, October 7, 2010 at 9:00 a.m. This request will be, and is, necessitated by the fact that defendant Cal City Post No. 476, The American Legion, an unknown business entity d/b/a Cal City American Legion, Post 476 a/k/a Harry V. Bailey, Sr. American Legion Post 476 is in default and Plaintiff's Application for Default Judgment is currently pending before the Court.
As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendants concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Scheduling Conference Statement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Scheduling Conference presently scheduled for Thursday, October 7, 2010 at 9:00 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.
Dated: September 24, 2010
LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.
It is hereby ordered that the Scheduling Conference in civil action number 1:10-cv-00762-AWI- JLT styled J & J Sports Productions, Inc. v. Cal City Post No. 476, The American Legion, 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.
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