Boy Racer, Inc. v. Doe

Filing 8

ORDER FOR STATUS REPORT. Plaintiff's request to continue the scheduling conference 7 is DENIED without prejudice; and Plaintiff shall file a status report on or before February 23, 2012, in compliance with this order. Order signed by Magistrate Judge Sheila K. Oberto on 2/15/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BOY RACER, INC.,

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CASE NO. 1:11-cv-01935-LJO-SKO
Plaintiff,

v.

ORDER FOR STATUS REPORT

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JOHN DOE,
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Defendant.
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On February 13, 2012, Plaintiff filed a request to continue the scheduling conference that is

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currently set for March 22, 2012. Plaintiff states that a scheduling conference would be a "waste of

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time" because "it appears that an agreement in this case will allow Plaintiff to voluntarily dismiss

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this case with prejudice by October of 2012." (Doc. 7.) The complaint in this action was filed on

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November 21, 2011, and no executed summons has been filed.

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Pursuant to the Federal Rules of Civil Procedure 4(m), "[i]f a defendant is not served within

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120 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff

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– must dismiss the action without prejudice against the defendant or order that service be made

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within the specified time." Where a defendant shows good cause for the failure to serve process, the

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court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m).

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Rule 4(m) requires that the action be dismissed in the absence of service of a defendant

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within the 120-day time period. As no executed summons has been filed, Plaintiff shall provide a

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status report to address whether service of the complaint will be completed on or before March 16,

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2012, or whether additional time for service is warranted. Plaintiff should provide the information

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necessary for the Court to determine whether the scheduling conference should be continued.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff's request to continue the scheduling conference is DENIED without
prejudice; and

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2.

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Plaintiff shall file a status report on or before February 23, 2012, in compliance with
this order.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 15, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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