J & J Sports Productions, Inc. v. Cal City Post No. 476, The American Legion, Department of California

Filing 10

ORDER Continuing Initial Scheduling Conference currently set for 8/25/2010 to 10/7/2010 at 09:00 AM in Bakersfield at 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston, signed by Magistrate Judge Jennifer L. Thurston on 8/12/2010. (Kusamura, W)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28
T h e Court notes that the complaint was filed nearly four months ago. Counsel is reminded that Plaintiff is o b lig a te d to serve the summons and complaint within 120 days according to Federal Rules of Civil Procedure 4(m) o r to show good cause for its failure to do so.
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UNITED STATES DISTRICT COURT

J&J SPORTS PRODUCTIONS, INC.,

Plaintiff, v. CAL CITY POST NO. 476, THE AMERICAN LEGION, DEPARTMENT OF CALIFORNIA,

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Case No.: 1:10-cv-00762 AWI JLT

ORDER CONTINUING SCHEDULING CONFERENCE (Doc. 7)

Before the Court is the request of the Plaintiff to continue the scheduling conference, currently set on August 25, 2010, for 30 days. (Doc. 7) In support, Plaintiff asserts that despite "diligent attempts" to serve the defendant, it has been unable to do so.1 On April 30, 2010, the Court issued its "Order Setting Mandatory Scheduling Conference." That Order set forth the obligations of counsel related to the Scheduling Conference. The Order reads,

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"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." (Doc. 4 at 1) Because the Court cannot conduct a scheduling conference until the defendant has been served, the Court has no choice but to continue the conference. Therefore the Court ORDERS: 1. The Scheduling Conference currently set on August 25, 2010, will be continued to October 7, 2010 at 9:00 a.m.; 2. Plaintiff is ordered to serve a copy of this Order on the defendant.

IT IS SO ORDERED. Dated: August 12, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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