The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING INITIAL SCHEDULING CONFERENCE; AND ORDER FRESNO DIVISION TO THE HONORABLE BARBARA A. MCAULIFFE ARMSTRONG, THE PARTIES AND THEIR ATTORNEY/S OF RECORD:
Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order continuing the 21 Initial Scheduling Conference in this action, presently set for Thursday, December 13, 2012 at 9:00 AM 22 to a new date approximately thirty (30) to forty-five (45) days forward. This request is necessitated by 23 the fact that the Defendant Ruben Garcia Aranda has not yet answered Plaintiff's Complaint (despite service of suit papers).
As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive 25 pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendants 26 concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Initial Scheduling Conference Statement*fn1 .
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial 3 Scheduling Conference presently scheduled for Thursday, December 13, 2012 to a new date 4 approximately thirty (30) to forty-five (45) days forward.
Respectfully submitted, Dated: December 6, 2012 /s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. 13 By: Thomas P. Riley 14 Attorneys for Plaintiff J & J Sports Productions, Inc.
The Court, having considered Plaintiff's Ex Parte Motion to Continue Initial Scheduling, and 3 for good cause being shown, IT IS HEREBY ORDERED that the Scheduling Conference is 4 continued from December 13, 2012 at 9:00am to January 29, 2013 at 9:00 AM in Courtroom 8 5 before Judge McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed 6 by all counsel, shall be electronically filed in full compliance with the requirements set forth in the 7 Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in WordPerfect or Word format, to email@example.com. The parties may appear by telephone.