The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER CONTINUING INITIAL SCHEDULING CONFERENCE; AND ORDER FRESNO DIVISION
TO THE HONORABLE SHEILA K. OBERTO ARMSTRONG, THE PARTIES AND THEIR ATTORNEY/S OF RECORD:
Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order continuing the Initial Scheduling Conference in this action, presently set for Tuesday, April 9, 2013 at 10:15 AM to a new date approximately thirty (30) to forty-five (45) days forward. This request is necessitated by the fact that the Defendant Martin Delgado has not yet answered Plaintiff's Complaint (despite service of suit papers*fn1 ).
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 27 case itself or the preparation of a Initial Scheduling Conference Statement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial Scheduling Conference presently scheduled for Tuesday, April 9, 2013 to a new date approximately thirty (30) to forty-five (45) days forward.
Dated: March 20, 2013
/s/ Thomas P. Riley
LAW OFFICES OF THOMAS P. RILEY, P.C. 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-01945-
LJO-SKO, J & J Sports Productions, Inc. v. Martin Delgado, et al., presently set for April 9, 2013, is hereby vacated and RESET for June 11, 2013, at 9:45 a.m.
Plaintiff shall serve a copy of this Order on the Defendants and thereafter file a Certification of Service of this Order with the Clerk of the Court.