Gilbert v. Balahi

Full title: DARREN GILBERT, Plaintiff, v. ADEL BALAHI dba ADEL'S SNACKS & MORE, et…

Court: United States District Court, Eastern District of California

Date published: Dec 1, 2021

1:21-cv-01334-NE-BAM (E.D. Cal. Dec. 1, 2021)

Opinion

1:21-cv-01334-NE-BAM

12-01-2021

DARREN GILBERT, Plaintiff, v. ADEL BALAHI dba ADEL'S SNACKS & MORE, et al., Defendants.

Tanya E. Moore, SBN 206683 Moore Law Firm, P.C. San Jose, California 95113 Attorney for Plaintiff, Darren Gilbert

BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

Tanya E. Moore, SBN 206683 Moore Law Firm, P.C. San Jose, California 95113 Attorney for Plaintiff, Darren Gilbert

PLAINTIFF'S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER

BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

PLAINTIFF Darren Gilbert (“Plaintiff”), by and through his attorneys of record, hereby requests a continuance of the Mandatory Scheduling Conference currently scheduled in this matter for December 7, 2021 at 9:30 a.m. for the reasons set forth below.

1. Plaintiff is diligently attempting to effect service of the Summons and Complaint on Defendants, Adel Balahi dba Adel's Snacks & More and Thanh Smith, Trustee of the Revocable Living Trust Agreement of Thanh Smith dated the 18^th day of May, 1994 (collectively, “Defendants”) but has not been able to effect service yet. 1

2. Plaintiff plans to file a request for administrative relief from the service deadline for additional time to serve the Summons and Complaint on Defendants.

3. Because Defendants have not appeared in the action, Plaintiff has been unable to meet and confer with defendants or prepare a joint scheduling report.

For the reasons set forth above, Plaintiff respectfully requests that the Mandatory Scheduling Conference currently set for December 7, 2021 be continued to a date after February 1, 2022 at the Court's convenience.

Dated: November 30, 2021

ORDER

Upon request by Plaintiff and good cause appearing, IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for December 7, 2021 be CONTINUED to February 3, 2022, at 9:00 am before Magistrate Judge Barbara A. McAuliffe in Courtroom 8 of the above-entitled Court. A Joint Scheduling Report shall be filed one week prior to the Conference. The parties shall appear at the hearing remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required.

IT IS SO ORDERED. 2