Arcure, et al. v. Meeker, et al.

Filing 151

ORDER to SHOW CAUSE to Plaintiffs re Defendant Scott Gardner and Mark Rodriquez: Two originally named defendants, Scott Gardner and Mark Rodriguez, remain on the Courts docket, and no appearances have been made by these individuals. The Third Amende d Complaint (Doc. 95) does not name either Scott Gardner or Mark Rodriguez. The Third Amended Complaint, however, contains allegations against Scott Gardner. On or before January 30, 2015, Plaintiffs shall show cause in writing as to whether Scott G ardner and Mark Rodriguez should be removed from the Courts docket as they are no longer defendants in the Third Amended Complaint. If Plaintiff contends that either Scott Gardner or Mark Rodriguez remain as a defendant, Plaintiff shall show cause in writing why Scott Gardner and/or Mark Rodriguez should not be dismissed for failure to comply with Fed.R.Civ.P. 4(m). signed by Magistrate Judge Barbara A. McAuliffe on 1/23/2015. (Herman, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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YVONNE ARCURE, KEVIN COOK, &
JOSEPH FESSENDEN,

ORDER TO SHOW CAUSE TO
Plaintiffs, PLAINTIFFS RE DEFENDANT SCOTT
GARDNER AND MARK RODRIQUEZ

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1:13-cv-00541-LJO-BAM

v.

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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY
BRADLEY, DOUGLAS LOEHNER,
DAVID CORRAL, & MICHAEL FLORES,

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Defendants.
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TO PLAINTIFFS AND PLAINTIFFS’ COUNSEL:

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Two originally named defendants, Scott Gardner and Mark Rodriguez, remain on the

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Court’s docket, and no appearances have been made by these individuals. The Third Amended

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Complaint (Doc. 95) does not name either Scott Gardner or Mark Rodriguez. The Third

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Amended Complaint, however, contains allegations against Scott Gardner.

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On or before January 30, 2015, Plaintiffs shall show cause in writing as to whether Scott
Gardner and Mark Rodriguez should be removed from the Court’s docket as they are no longer

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defendants in the Third Amended Complaint. If Plaintiff contends that either Scott Gardner or

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Mark Rodriguez remain as a defendant, Plaintiff shall show cause in writing why Scott Gardner

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and/or Mark Rodriguez should not be dismissed for failure to comply with Fed.R.Civ.P. 4(m).

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 23, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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