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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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 ESPERANZA REYES-SAUCEDO, Plaintiff, 8 9 CASE NO. 1:13-cv-545-AWI-BAM ORDER DIRECTING ISSUANCE OF SUMMONS AND NEW CASE DOCUMENTS v. 10 UNITED STATES DEPARTMENT OF JUSTICE, 11 Defendant. ORDER SETTING SCHEDULING CONFERENCE Date: October 23, 2014 Time: 8:30 a.m. Dept.: 8 (BAM) Magistrate Judge Barbara A. McAuliffe 12 13 14 / 15 Plaintiff Esperanza Reyes-Saucedo (“Plaintiff”) proceeds in forma pauperis in this civil 16 forfeiture action. On February 3, 2014, Plaintiff, through the assistance of counsel, filed her First 17 Amended Complaint in this Court. (Doc. 10). The Court has screened the complaint pursuant to 28 18 U.S.C. § 1915A, and finds that it states a cognizable claim against Defendant for relief under the Civil 19 Asset Forfeiture Reform Act codified in part at 18 U.S.C. §§ 981 & 983. Accordingly, the Court finds 20 that issuance of the summons and service of the complaint is appropriate. While service of Plaintiff’s 21 complaint is now proper, Plaintiff, represented by counsel, bears the responsibility to serve the 22 summons and first amended complaint on Defendant. Plaintiff shall effectuate service of the summons 23 and the first amended complaint on or before July 24, 2014 in compliance with F.R.Civ.P. 4(i), which 24 sets forth the requirements to serve federal agencies with a summons and complaint. Plaintiff is 25 forewarned that the failure to timely serve the summons and complaint may result in dismissal of this 26 action pursuant to Federal Rule of Civil Procedure 4(m). 27 Based on the forgoing, the Court HEREBY: 28 1 1 1. the United States Department of Justice; 2 3 DIRECTS the Clerk of the Court to issue and send Plaintiff a summons for Defendant 2. 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); 4 5 3. DIRECTS the Clerk of the Court to issue new case documents for this case; 6 4. DIRECTS the Clerk of the Court to SET an Initial Scheduling Conference for October 7 23, 2014 at 8:30 a.m. in Courtroom 8 before Judge Barbara A. McAuliffe. A JOINT 8 Scheduling Conference Report, carefully prepared and executed by all counsel, shall be 9 electronically filed in full compliance with the requirements set forth in the Order 10 Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling 11 Conference, 12 The parties may appear by telephone by arranging a 13 one-line conference call and telephoning the Court at (559) 499-5789; 14 5. and a copy shall be e-mailed, in Word format, to ADMONISHES Plaintiff that this Court will recommend to dismiss this action if 15 Plaintiff fails to comply with this order and to timely serve the summons and complaint 16 on Defendant in compliance with F.R.Civ.P. 4(i). See F.R.Civ.P. 4(m). 17 18 19 20 IT IS SO ORDERED. Dated: /s/ Barbara June 23, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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