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Joe Hand Promotions, Inc v. Elk's Lodge Coalinga 1613

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


February 26, 2013

JOE HAND PROMOTIONS, INC.,
PLAINTIFF,
v.
ELK'S LODGE COALINGA 1613,
DEFENDANT.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING INITIAL SCHEDULING CONFERENCE; AND ORDER TO THE HONORABLE MICHAEL J. SENG, THE DEFENDANT/S AND THEIR ATTORNEY/S OF RECORD:

Plaintiff Joe Hand Promotions, Inc., hereby applies ex parte for an order continuing the Initial 19 Scheduling Conference presently set for Thursday, March 7, 2013 at 10:30 AM. As set forth below 20 Plaintiff respectfully requests that the Court continue the Initial Scheduling Conference to a new date 21 approximately Thirty (30) to Forty-Five (45) days forward.

The request for the brief continuance is necessitated by the fact that Plaintiff has not yet 23 perfected service of the initiating suit papers upon the Defendant Elk's Lodge Coalinga 1613, an 24 unknown business entity d/b/a Elk's Lodge #1613 a/k/a Coalinga Elk's Lodge 1613. As a result, Plaintiff's counsel has not conferred with the defendant concerning the claims, discovery, settlement, 25 26 ADR or any of the other pertinent issues involving the case itself or the preparation of a Joint

Scheduling Report.

Plaintiff recently identified an alternative address that it believes will be successful to serve its initiating suit papers, upon the Defendant.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial 3 Scheduling Conference, presently scheduled for Thursday, March 7, 2013 at 10:30 AM.

Respectfully submitted, 8 9 10 Dated: February 26, 2013 /s/ Thomas P. Riley 11 LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff 12 13 Joe Hand Promotions, Inc.

ORDER

It is hereby ordered that the Initial Scheduling Conference in civil action number 1:12-cv-01998- 18 LJO-MJS styled Joe Hand Promotions, Inc. v. Elk's Lodge Coalinga 1613, et al., is hereby continued 19 from 10:30 AM, Thursday, March 7, 2013 to May 9, 2013 at 10:30 a.m. in Courtroom 6 (MJS) before 20 Magistrate Judge Michael J.Seng.

Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of 22 Service of this Order with the Clerk of the Court.

IT IS SO ORDERED.

20130226

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