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 INITIAL SCHEDULING CONFERENCE; AND ORDER (Doc. 14)
TO THE HONORABLE JENNIFER L. THURSTON, 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, June 16, 2011 at 8:30 A.M. This request will be, and is, necessitated by the fact that defendants Arturo M. Flores and Alejandro AleX Vazquez, individually and d/b/a Los Amigos a/k/a Marakas Tropical a/k/a La Placita are 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 defendants 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, June 16, 2011 at 8:30 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. Respectfully submitted,
Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C.
By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.
1. The Scheduling Conference, calendared for June 16, 2011, is hereby VACATED;
2. Within 21 days of the date of this order, Plaintiff SHALL file its motion for entry of default;
3. Plaintiff SHALL serve a copy of this Order on the Defendants and thereafter file a Certification of Service of this ...