Reyes v. United States Department of Justice

Filing 13

ORDER Directing Issuance of Summons and New Case Documents; ORDER Setting Scheduling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 6/23/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ESPERANZA REYES-SAUCEDO,
Plaintiff,

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CASE NO. 1:13-cv-545-AWI-BAM
ORDER DIRECTING ISSUANCE OF
SUMMONS AND NEW CASE
DOCUMENTS

v.

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UNITED STATES DEPARTMENT OF
JUSTICE,

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Defendant.

ORDER SETTING SCHEDULING
CONFERENCE
Date: October 23, 2014
Time: 8:30 a.m.
Dept.: 8 (BAM)
Magistrate Judge Barbara A. McAuliffe

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/

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Plaintiff Esperanza Reyes-Saucedo (“Plaintiff”) proceeds in forma pauperis in this civil

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forfeiture action. On February 3, 2014, Plaintiff, through the assistance of counsel, filed her First

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Amended Complaint in this Court. (Doc. 10). The Court has screened the complaint pursuant to 28

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U.S.C. § 1915A, and finds that it states a cognizable claim against Defendant for relief under the Civil

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Asset Forfeiture Reform Act codified in part at 18 U.S.C. §§ 981 & 983. Accordingly, the Court finds

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that issuance of the summons and service of the complaint is appropriate. While service of Plaintiff’s

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complaint is now proper, Plaintiff, represented by counsel, bears the responsibility to serve the

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summons and first amended complaint on Defendant. Plaintiff shall effectuate service of the summons

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and the first amended complaint on or before July 24, 2014 in compliance with F.R.Civ.P. 4(i), which

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sets forth the requirements to serve federal agencies with a summons and complaint. Plaintiff is

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forewarned that the failure to timely serve the summons and complaint may result in dismissal of this

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action pursuant to Federal Rule of Civil Procedure 4(m).

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Based on the forgoing, the Court HEREBY:

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the United States Department of Justice;

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DIRECTS the Clerk of the Court to issue and send Plaintiff a summons for Defendant

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ORDERS Plaintiff, no later than July 24, 2014, to complete service of the summons
and complaint on Defendant in compliance with F.R.Civ.P. 4(i);

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DIRECTS the Clerk of the Court to issue new case documents for this case;

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4.

DIRECTS the Clerk of the Court to SET an Initial Scheduling Conference for October

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23, 2014 at 8:30 a.m. in Courtroom 8 before Judge Barbara A. McAuliffe. A JOINT

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Scheduling Conference Report, carefully prepared and executed by all counsel, shall be

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electronically filed in full compliance with the requirements set forth in the Order

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Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling

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Conference,

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[e-mail]. The parties may appear by telephone by arranging a

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one-line conference call and telephoning the Court at [phone];

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5.

and

a

copy

shall

be

e-mailed,

in

Word

format,

to

ADMONISHES Plaintiff that this Court will recommend to dismiss this action if

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Plaintiff fails to comply with this order and to timely serve the summons and complaint

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on Defendant in compliance with F.R.Civ.P. 4(i). See F.R.Civ.P. 4(m).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 23, 2014

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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