UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 4, 2012
J & J SPORTS PRODUCTIONS, INC.,
ELVIA YOLANDA MONTANO, ET AL.
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 FRESNO DIVISION 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 Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre.
WHEREFORE, Plaintiff makes the following representations and recommendations: 1. On May 4, 2012, Plaintiff's Complaint was filed against Defendant Elvia Yolanda 23 Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre. 24 25 2. Plaintiff has still not perfected service of the initiating suit papers upon the Defendant, 26 Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre, despite diligent 27 efforts to do so. (Please find a true and correct copy of the process server's Status Reports attached 28 hereto and made 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 November 6, 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 November 6, 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: August 30, 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 Initial Scheduling Conference in civil action number 1:12-cv-00738- AWI-DLB styled J & J Sports Productions, Inc. v. Elvia Yolanda Montano, et al., is hereby continued from 9:00 AM, November 6, 2012 to December 17, 2012 at 9:00 am.
Plaintiff is granted an additional 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 defendant Elvia Yolanda Montano, individually and d/b/a Papa O's Pizza a/k/a Alto Kalibre, 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.
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