UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
June 21, 2011
J & J SPORTS PRODUCTIONS, INC.,
ANA A. BARRAGAN, ET AL.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE; AND ORDER
TO THE HONORABLE SANDRA M. SNYDER, 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 Monday, June 27, 2011 at 10:00 A.M. This request will be, and is, necessitated by the fact that defendants Ana A. Barragan and Angel O. Barragan, individually and d/b/a Los Compadres Restaurant a/k/a Los Compadres Mexican Restaurant 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 Monday, June 27, 2011 at 10:00 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.
Respectfully submitted, Dated: June 17, 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 in civil action number 1:10-cv-02253- AWI-SMS styled J & J Sports Productions, Inc. v. Ana A. Barragan, 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.
IT IS SO ORDERED:
IT IS SO ORDERED.
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