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J & J Sports Productions, Inc v. Lucas Garcia Blas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


February 21, 2012

J & J SPORTS PRODUCTIONS, INC.,
PLAINTIFF,
v.
LUCAS GARCIA BLAS, ET AL.
DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING THE INITIAL SCHEDULING CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER TO THE HONORABLE DENNIS L. BECK, THE PARTIES AND THEIR ATTORNEY/S OF RECORD:

As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon defendant Lucas Garcia Blas, individually and d/b/a Manila Ranch Grill.

WHEREFORE, Plaintiff makes the following representations and recommendations: 1. On November 10, 2011, Plaintiff's Complaint was filed against Defendant Lucas 23 Garcia Blas, individually and d/b/a Manila Ranch Grill. 24 2. Plaintiff has still not perfected service of the initiating suit papers upon the Defendant, 25 Lucas Garcia Blas, individually and d/b/a Manila Ranch Grill, despite diligent efforts to do so.

(Please find a true and correct copy of the process server's Status Reports attached hereto and made 27 part hereof as Plaintiff's Exhibit 1).

3. Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order further continuing the Initial Scheduling Conference presently set for February 21, 2012 at 9:00 AM. As set forth below, Plaintiff respectfully requests this Honorable Court continue the Status Conference and 3 extend the time to complete service an additional Thirty (30) days to Forty-Five (45) days.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial 6 Scheduling Conference, presently scheduled for February 21, 2012 at 9:00 AM and permit Plaintiff an 7 additional Thirty (30) days to Forty-Five (45) days from today's date to effectuate service of the 8 Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the 9 alternative, a Notice of Voluntary Dismissal as to the named defendant.

Respectfully submitted, 14 15 16 Dated: February 15, 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.

ORDER (Proposed)

It is hereby ordered that the Initial Scheduling Conference in civil action number 1:11-cv-01881- AWI-DLB styled J & J Sports Productions, Inc. v. Lucas Garcia Blas, et al., is hereby continued from 9:00 AM, February 21, 2012 to April 26, 2012 at 9:00 am.

Plaintiff is granted an additional 60 days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to defendant Lucas Garcia Blas, individually and d/b/a Manila Ranch Grill, where service has not been made or service by publication requested.

Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of Service of this Order with the Clerk of the Court.

IT IS SO ORDERED.

20120221

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