UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
April 18, 2012
JOE HAND PROMOTIONS, INC.,
CLAUDIA RAMIREZ, 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 CONTINUING SCHEDULING CONFERENCE AND EXTENDING TIME TO COMPLETE SERVICE; AND ORDER (Doc. 9) TO THE HONORABLE SANDRA M. SNYDER, 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 Claudia Ramirez, individually and d/b/a Cazadores Grill.
WHEREFORE, Plaintiff makes the following representations and recommendations:
1. On January 27, 2012, Plaintiff's Complaint was filed against Defendants Claudia Ramirez and Aquiles Ramirez, individually and d/b/a Cazadores Grill.
2. Plaintiff has still not perfected service of the initiating suit papers upon the Defendant,
Claudia Ramirez, individually and d/b/a Cazadores Grill, despite diligent efforts to do so. Please see attached hereto and made part hereof Plaintiff's Exhibit 1).
3. Plaintiff Joe Hand Promotions, Inc., hereby applies ex parte for an order further continuing the Scheduling Conference presently set for April 24, 2012 at 10:00 AM. As set forth below, Plaintiff respectfully requests this Honorable Court continue the Scheduling Conference and 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 Scheduling Conference, presently scheduled for April 24, 2012 at 10:00 AM and permit Plaintiff an additional Thirty (30) days to Forty-Five (45) 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 the named defendant.
Respectfully submitted, Dated: April 17, 2012 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. 17 By: Thomas P. Riley Attorneys for Plaintiff Joe Hand Promotions, Inc.
GOOD CAUSE APPEARING, it is hereby ordered that the Scheduling Conference in civil action number 1:12-cv-00129-LJO-SMS styled Joe Hand Promotions, Inc. v. Claudia Ramirez, et al., is hereby continued from April 24, 2012 at 10:00 a.m. to June 5, 2012 at 10:00 a.m. Plaintiff is GRANTED an additional thirty (30) days to forty-five (45) days 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 Claudia Ramirez, individually and d/b/a Cazadores 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.
© 1992-2012 VersusLaw Inc.