Opinion
CASE NO. 1:11-cv-01880-AWI-BAM
01-20-2012
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. JOSE M. ROMERO, et al. Defendant.
Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. Attorneys for Plaintiff J & J Sports Productions, Inc.
Thomas P. Riley, SBN 194706
LAW OFFICES OF THOMAS P. RILEY, P.C.
Attorneys for Plaintiff
J & J Sports Productions, Inc.
PLAINTIFF'S EX PARTE
APPLICATION FOR AN ORDER
CONTINUING THE INITIAL
SCHEDULING CONFERENCE AND
EXTENDING TIME TO COMPLETE
SERVICE; ORDER
TO THE HONORABLE BARBARA A. MCAULIFFE, THE PARTIES AND THEIR ATTORNEY/S OF RECORD:
As of this date, Plaintiff has been unable to successfully serve its initiating suit papers upon defendant Jose M. Romero, individually and d/b/a Miramar Restaurant a/k/a La Fonda De Josefa.
WHEREFORE, Plaintiff makes the following representations and recommendations:
1. On November 10, 2011, Plaintiff's Complaint was filed against Defendant Jose M. Romero, individually and d/b/a Miramar Restaurant a/k/a La Fonda De Josefa.
2. Plaintiff has still not perfected service of the initiating suit papers upon the Defendant, Jose M. Romero, individually and d/b/a Miramar Restaurant a/k/a La Fonda De Josefa, despite diligent efforts to do so. (Please find a true and correct copy of the process server's Status Reports attached hereto and made part hereof as Plaintiff's Exhibit 1).
3. Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order further continuing the Initial Scheduling Conference presently set for January 26, 2012 at 8:30 AM. As set forth below, Plaintiff respectfully requests this Honorable Court continue the Status Conference and extend the time to complete service an additional Thirty (30) days to Forty-Five (45) days.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Status Conference, presently scheduled for January 26, 2012 at 8:30 AM and permit Plaintiff an additional Thirty (30) days to Forty-Five (45) days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication, or in the alternative, a Notice of Voluntary Dismissal as to the named defendant.
Respectfully submitted,
____________________________________
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 Status Conference in civil action number 1:11-cv-01880-AWI-BAM styled J & J Sports Productions, Inc. v. Jose M. Romero, et al., is hereby continued from 8:30 AM, January 26, 2012 to April 16, 2012 at 9:30 AM.
Plaintiff shall serve a copy of this Order on the Defendant and thereafter file a Certification of Service of this Order with the Clerk of the Court.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE