Van Maanen v. Youth With a Mission-Bishop et al

Filing 24

ORDER GRANTING Stipulation to Continue the Initial Scheduling Conference currently set for 7/7/2010 to 8/26/2010 at 09:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2010. (Kusamura, W)

1 2 3 4 5 6 7 8 9 10 11 JACO VAN MAANEN, 12 13 14 15 16 17 18 19 20
Before the Court, is the stipulation of Plaintiff and defendant, Youth With A Mission) ) Plaintiff, ) ) vs. ) ) YOUTH WITH A MISSION-BISHOP; YOUTH ) WITH A MISSION INTERNATIONAL, INC. ) d/b/a YWAM-OFFICE OF THE FOUNDERS; ) UNIVERSITY OF THE NATIONS, INC. d/b/a ) YWAM-UNIVERSITY OF THE NATIONS, and ) DOES 1-10, ) ) Defendants. ) ) Case No. 1:10-CV-00493 AWI JLT ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE (DOC. 23)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

21 Bishop ("Bishop"), to continue the Scheduling Conference that is currently scheduled for July 7, 22 2010. The stipulation indicates that Plaintiff has not served the other two named defendants due to 23 his ongoing settlement discussions with them. Apparently, these discussions have now failed and 24 Plaintiff is actively seeking to serve these remaining defendants. In the stipulation, Plaintiff asserts 25 that service will be achieved by June 25, 2010. As a result of the failure of all parties to appear in 26 the case and due to a scheduled vacation for counsel for Bishop, the parties request that the 27 Scheduling Conference be continued. 28

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Counsel for Plaintiff is reminded that the Order Setting Mandatory Scheduling Conference The Court is unable to conduct a scheduling conference until defendants have been served with the summons and complaint. Accordingly, plaintiff(s) shall diligently pursue service of summons and complaint and dismiss those defendants against whom plaintiff(s) will not pursue claims. Plaintiff(s) shall promptly file proofs of service of the summons and complaint so the Court has a record of service. Counsel are referred to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint. Failure to timely serve summons and complaint may result in the imposition of sanctions, including the dismissal of unserved defendants.

7 (Doc 9 at 1-2) Based upon Plaintiff's failure to serve the remaining defendants, the Court will not 8 be able to have a meaningful scheduling conference on July 7, 2010. Thus, the Court has little 9 option but to continue the conference to a later date. 10
Based thereon, the Court ORDERS that the Scheduling Conference, currently scheduled

11 for July 7, 2010 will be reset on August 26, 2010, at 9 a.m. 12 13 IT IS SO ORDERED. 14 15
DEAC_Signature-END:

Dated:

June 23, 2010

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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