The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING INITIAL SCHEDULING CONFERENCE; AND ORDER (Proposed)
TO THE HONORABLE DENNIS L. BECK, THE PARTIES, AND THEIR ATTORNEYS OF RECORD:
PlaintiffJ & J Sports Productions, Inc. hereby applies ex parte for an order Continuing Initial 20 Scheduling Conference in this action, presently set for Tuesday, February 14, 2012 at 9:00 a.m. This 21 request will be, and is, necessitated by the fact that defendants Angel Robert Benitez and Angela 22 Gonzalez, individually and d/b/a Sanger Pool Hall are in default*fn1 . 23 As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive 24 pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendants 25 concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the 26 case itself or the preparation of a Joint Case Management Conference Statement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate Initial Scheduling Conference presently scheduled for Tuesday, February 14, 2012 at 9:00 a.m. in order that Plaintiff and its counsel may avoid unnecessary fees and costs in this matter presently pending final 3 disposition by virtue of Plaintiff's Application for Default Judgment by the Court.
Respectfully submitted, Dated: February 3, 2012 /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 Initial Scheduling Conference in civil action number 1:11-cv-01875- AWI-DLB styled J & J Sports Productions, Inc. v. Angel Robert Benitez, 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.