UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
April 25, 2012
J & J SPORTS PRODUCTIONS, INC.,
LUCAS GARCIA BLAS, ET AL.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
PLAINTIFF'S SECOND EX PARTE APPLICATION FOR AN ORDER CONTINUING THE 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 19 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.
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 Scheduling Conference presently set for April 26, 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 April 26, 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.
Dated: April 24, 2012 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. 17 By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.
It is hereby ordered that the 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 4 AM, April 26, 2012 to June 18, 2012 at 9:00 am. Plaintiff is granted an additional thirty (30) days to 5 forty-five (45) days from today's date to effectuate service of the Summons and Complaint filed in 6 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 10 Service of this Order with the Clerk of the Court.
IT IS SO ORDERED.
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