Opinion
CASE NO. 2:11-cv-00648-KJM-GGH
08-01-2011
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. JASON BERNARD BROWN, et al. Defendants.
Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square J & J Sports Productions, Inc.
Thomas P. Riley, SBN 194706
LAW OFFICES OF THOMAS P. RILEY, P.C.
First Library Square
J & J Sports Productions, Inc.
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE INITIAL SCHEDULING CONFERENCE; AND ORDER
TO THE HONORABLE KIMBERLY J. MUELLER, THE DEFENDANTS, AND THEIR ATTORNEYS OF RECORD:
Plaintiff J & J Sports Productions, Inc. hereby applies ex parte for an order vacating the Initial Scheduling Conference in this action, presently set for Wednesday, August 3, 2011 at 10:00 A.M. This request will be, and is, necessitated by the fact that defendants Jason Bernard Brown and Lawrence L. Brown, individually and d/b/a American Spirit Sports Bar; and Jbeezy Enterprises, LLC, an unknown buisness entity d/b/a American Spirit Sports Bar are in default and Plaintiff's Application for Default Judgment will soon be filed with this Honorable Court.
As such, as of this writing, Plaintiff has yet to receive an answer or any other responsive pleading from the defendants. As a result, Plaintiff's counsel has not conferred with the defendants concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of a Joint Scheduling Conference Statement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court vacate the Initial Scheduling Conference presently scheduled for Wednesday, August 3, 2011 at 10:00 A.M. in order that Plaintiff and its counsel may avoid necessary fees and costs in this matter presently pending final disposition by virtue of Plaintiff's Application for Default Judgment by the Court.
Respectfully submitted,
Thomas P. Riley
LAW OFFICES OF THOMAS P. RILEY, P.C.
By: Thomas P. Riley
Attorneys for Plaintiff
J & J Sports Productions, Inc.
ORDER
It is hereby ordered that the Initial Scheduling Conference in civil action number 2: 11-cv-00648-KJM-GGH styled J & J Sports Productions, Inc. v. Jason Bernard Brown, et al., is hereby vacated.
Plaintiff shall also 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.
IT IS SO ORDERED:
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UNIT STATES DISTRICT JUDGE