Kaur v. United States of America et al

Filing 9

ORDER DISCHARGING 5 Order to Show Cause; ORDER SETTING Scheduling Conference / Status Conference re Consent, signed by Magistrate Judge Jennifer L. Thurston on 11/19/2014. Status Conference re Consent / Initial Scheduling Conference set for 1/29/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KARAMJIT KAUR,
Plaintiff,

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v.

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UNTIED STATES OF AMERICA, et al.,

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Defendants.

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Case No.: 1:14-cv-00839 --- JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE; ORDER SETTING SCHEDULING
CONFERENCE/STATUS CONFERENCE RE:
CONSENT
(Doc. 5)

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On May 30, 2014, Plaintiff filed the instant action. (Doc. 1) On June 3, 2014, the Court issued

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the summons. (Doc. 2) Plaintiff failed to file a proof of service of the summons and complaint as of

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August 28, 2014. As a result, on that date, the Court reminded Plaintiff of his obligation to serve the

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summons and complaint within 120 days of the filing of the complaint as required by Fed. R. Civ. P.

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4. When, by November 5, 2014, Plaintiff still had not filed a proof of service of the summons and

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complaint, the Court issued an order to Plaintiff to show cause why the matter should not be dismissed

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for his failure to serve the complaint and prosecute the action. (Doc. 5)

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In response, on November 18, 2014, Plaintiff filed proof of service showing that the United

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States had been served on October 30, 2014. (Doc. 7) In addition, Plaintiff filed a motion to dismiss

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the complaint as to Melvin Rene Lopez. (Doc. 8) Finally, Plaintiff explained that the delay in service

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was due to a misunderstanding as to whether counsel for the United States would accept service as to

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Mr. Lopez. (Doc. 6 at 1)
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ORDER

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Thus, good cause appearing, the Court ORDERS:

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1.

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The order to show cause is DISCHARGED. No further delays in Plaintiff’s

prosecution of this action will be permitted;
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The Court sets the status conference re consent/mandatory scheduling conference on

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January 29, 2015 at 9:00 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA.

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The parties SHALL comply with the requirements for filing a joint scheduling report as set forth in

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the Court’s June 3, 2014 order setting mandatory scheduling conference. (Doc. 3)

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IT IS SO ORDERED.
Dated:

November 19, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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