Feezor v. Central Valley QSR, Inc.

Full title: LARRY FEEZOR, Plaintiff, v. CENTRAL VALLEY QSR, INC., et al., Defendants

Court: United States District Court, E.D. California

Date published: May 10, 2011

No. CIV S-10-2758-GEB-CMK (E.D. Cal. May. 10, 2011)

Opinion

No. CIV S-10-2758-GEB-CMK.

May 10, 2011

ORDER

CRAIG KELLISON, Magistrate Judge

Plaintiff, proceeding with counsel, brings this action for denial of equal access under the Americans with Disabilities Act. Pending before the court is defendant Central Valley QSR, Inc.'s ex parte application for a continuance (Doc. 16) regarding the hearing/briefing of plaintiff's motion for default judgment.

Plaintiff filed this action on October 12, 2010. He submitted his request for entry of default on February 14, 2011. The Clerk's entry of default was filed February 22, 2011. On April 6, 2011, plaintiff filed a motion for default judgment, which was set for hearing on May 12, 2011. Defendant has not made appearance in this matter, either special or general, nor has it filed a request for the default to be set aside. Until such time as the default is set aside, defendant cannot be heard on this matter, and the ex parte request for a continuance is not properly before the court.

Accordingly, the Clerk of the Court is directed to strike defendant's ex parte application for a continuance (Doc. 16).

IT IS SO ORDERED.