Handy v. LogMeIn, Inc.

Filing 4

ORDER CONTINUING Status Conference re Consent / Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/19/2014. Status Conference re Consent / Initial Scheduling Conference CONTINUED to 1/26/2015 at 09:30 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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DARREN HANDY,
Plaintiff,

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v.

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LOGMEIN, INC.,
Defendant.

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) Case No.: 1:14-cv-01355 --- JLT
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) ORDER CONTINUING STATUS CONFERENCE
) RE: CONSENT/SCHEDULING CONFERENCE
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On August 28, 2014, Plaintiff filed the instant action. (Doc. 1) On the same day, the Court

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issued the summons (Doc. 2) and its order setting the mandatory scheduling conference to occur on

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December 17, 2014. (Doc. 4) In its order setting the mandatory scheduling conference, the Court

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advised counsel:
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.

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(Doc. 4 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed a proof of service of the

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summons and complaint and no defendant has appeared in the action.

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///
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Therefore, the Court ORDERS,

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January 26, 2015 at 9:30 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA.
Plaintiff is reminded of the service obligations under Fed. R. Civ. P. 4.1 Failure to comply

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The scheduling conference, currently set on December 17, 2014, is continued to

may result in the imposition of sanctions, including the dismissal of unserved defendants.

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IT IS SO ORDERED.

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Dated:

November 19, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Fed. R. Civ. P. 4(m) requires the Court sua sponte to dismiss defendants who have not been served within 120 days of the
filing of the complaint unless good cause is shown.

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