Opinion
CASE NO. 1:11-cv-01893-LJO-GSA
03-05-2012
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. SERGIO CERDA, 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 SECOND EX PARTE
APPLICATION FOR AN ORDER
CONTINUING INITIAL SCHEDULING
CONFERENCE AND EXTENDING
TIME TO COMPLETE SERVICE; AND
ORDER THEREON
TO THE HONORABLE GARY S. AUSTIN, THE DEFENDANT/S AND THEIR ATTORNEY/S OF RECORD:
Plaintiff J & J Sports Productions, Inc., hereby applies ex parte for an order continuing the Initial Scheduling Conference presently set for Wednesday, March 14, 2012 at 10:00 AM. As set forth below Plaintiff respectfully requests that the Court continue the Initial Scheduling Conference and extend the time to complete service to a new date approximately Thirty (30) to Forty-Five (45) days forward.
The request for the brief continuance is necessitated by the fact that Plaintiff has not yet perfected service of the initiating suit papers upon the Defendant Sergio Cerda, individually and d/b/a La Fogata, despite diligent efforts to do so. Please see Plaintiff's Exhibit 1. As a result, Plaintiff's counsel has not conferred with the defendant concerning the claims, discovery, settlement, ADR or any of the other pertinent issues involving the case itself or the preparation of an Initial Scheduling Conference Statement.
Plaintiff recently identified an alternative address that it believes will be successful to serve its initiating suit papers, upon the Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Initial Scheduling Conference, presently scheduled for Wednesday, March 14, 2012 at 10:00 AM and permit an additional Thirty (30) 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 in this action.
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 Initial Scheduling Conference in civil action number 1:11-cv-01893-LJO-GSA styled J & J Sports Productions, Inc. v. Sergio Cerda, et al., is hereby continued from 10:00 AM, Wednesday March 14, 2012 to May 30, 2012, at 10:00 a.m.
Plaintiff is granted an additional Thirty (30) 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 defendant Sergio Cerda, individually and d/b/a La Fogata, where service has not been made or service by publication requested.
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.
Gary S. Austin
UNITED STATES MAGISTRATE JUDGE