The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE
TO THE HONORABLE GARY S. AUSTIN, THE DEFENDANTS, AND THEIR ATTORNEYS OF RECORD:
Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Initial Scheduling Conference in this action, presently set for Thursday, February 17, 2011 at 9:00 A.M. This request will be, and is, necessitated by the fact that defendant Alvaro L. Lupian a/k/a Alvaro L. Lua, individually and d/b/a El Progresso 4 Bar 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 defendants. 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 Joint Scheduling Conference Statement.
WHEREFORE , Plaintiff respectfully requests that this Honorable Court vacate the Initial Scheduling Conference presently scheduled for Thursday, February 17, 2011 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: February 9, 2011 /s/ Thomas P. Riley 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 Initial Scheduling Conference of February 17, 2011, in civil action number 1:10-cv-02104-LJO-GSA styled J & J Sports Productions, Inc. v. Alvaro L. Lupian, et al ., is hereby vacated.
Plaintiff shall 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.
Plaintiff shall also file the motion for default judgment no later than sixty (60) days from today's date.
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