Known Doe Plaintiffs 1-4 et al v. Bedard et al

Filing 16

ORDER CONTINUING Scheduling Conference; ORDER TO SHOW CAUSE Why the Proof of Service as to Debra Bowen Should Not Be Stricken, signed by Magistrate Judge Jennifer L. Thurston on 9/25/2013. Show Cause Response due within 14 days. Initial Scheduling Conference CONTINUED to 12/5/2013 at 08:30 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KNOWN DOE PLAINTIFFS 1-4, et al., 12 Plaintiffs, 13 14 15 16 v. KERN COUNTY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-00965 LJO JLT ORDER CONTINUING SCHEDULING CONFERENCE ORDER TO SHOW CAUSE WHY THE PROOF OF SERVICE AS TO DEBRA BOWEN SHOULD NOT BE STRICKEN 17 18 On June 24, 2013, Plaintiffs filed the instant action. (Doc. 1) The next day, the Court issued 19 its order setting the mandatory scheduling conference to occur on May 3, 2013. (Doc. 3) In its order 20 setting the mandatory scheduling conference, the Court advised counsel: 21 22 23 24 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. Plaintiff(s) shall promptly file proofs of service of the summons and complaint so the Court has a record of service. Counsel are referred to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint. Failure to timely serve summons and complaint may result in the imposition of sanctions, including the dismissal of unserved defendants. 25 26 (Doc. 3 at 1-2, emphasis added) Despite this warning, Plaintiff has filed a proof of service only as to 27 Debra Bowen, California’s Secretary of State. (Doc. 11) No Defendant has appeared, other than 28 Mary Bedard who has been dismissed from this action. 1 1 Moreover, the proof of service filed as to Ms. Bowen occurred on “Tracey Cody-Clerk.” (Doc. 2 11) The proof of service fails to detail where service occurred and the Court is aware that Ms. Cody is 3 the Assistant Clerk of the Board for the County of Kern. There is no showing that Ms. Cody is 4 authorized to accept service for Ms. Bowen (Cal. Gov. Code § 955.4 [“Service of summons in all 5 actions on claims against the state shall be made on the Attorney General.”]), an elected officer of the 6 State of California, or that she intended to do so. 7 Therefore, the Court ORDERS, 8 1. 9 10 The scheduling conference, currently set on October 8, 2013, is continued to December 5, 2013 at 8:30 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA; 2. Within 14 days, Plaintiffs are ORDERED to show cause in writing why the proof of 11 service as to Debra Bowen, should not be stricken. Alternatively, within this same 14 day period, they 12 may request that they be allowed to withdraw the proof of service (Doc.11); 13 3. Plaintiffs are reminded of their service obligations under Fed. R. Civ. P. 4. 14 Failure to comply may result in the imposition of sanctions, including the dismissal of unserved 15 defendants. 16 17 18 19 IT IS SO ORDERED. Dated: September 25, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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