The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE; AND ORDER TO THE HONORABLE GARY S. AUSTIN, THE DEFENDANTS, AND HIS ATTORNEYS OF RECORD:
PlaintiffJ & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Case Management Conference in this action, presently set for Wednesday, March 30, 2011 at 9:30 A.M. This request will be, and is, necessitated by the fact that defendant James & Carlton Family Pizza, Inc., an unknown business entity d/b/a Pizza Factory a/k/a Visalia Pizza Factory 1 is in default and Plaintiff's Application for Default Judgment will soon be filed before this Honorable Court.
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.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Case Management Conference presently scheduled for Wednesday, March 30, 2011at 9:30 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: March 23, 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 Case Management Conference in civil action number 1:10-cv-01711- AWI-GSA styled J & J Sports Productions, Inc. v. Tasha A. James, 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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