Merkley v. Continental Labor Resources, Inc. et al

Filing 4

ORDER CONTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 2/26/2015. Initial Scheduling Conference CONTINUED to 5/28/2015 at 08:30 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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BERNIE MERKLEY,

) CASE NO: 1:14-cv-01867 --- JLT
)
Plaintiff,
) ORDER CONTINUING SCHEDULING
) CONFERENCE
v.
)
CONTINENTAL LABOR RESOURECES, INC., )
et al.,
)
)
Defendants.
)
Plaintiff filed this action on November 24, 2014 and in the complaint, raises causes of action

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related to claims surrounding the termination of his employment. (Doc. 1 at 4) The Court issued a

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summons to defendants on the same date the matter was filed. (Doc. 2) However, Plaintiff has not filed

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proof of service.

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At the time the Court issued the summons, the Court also issued its order setting mandatory
scheduling conference. (Doc. 3) This order reads in pertinent part,
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. 3 at 1-2, emphasis added) There has not been an appearance by any defendant.
Plainly, the Court cannot proceed with the scheduling conference given the lack of appearance

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by the defendant. However, in continuing the scheduling conference, Plaintiff is reminded of its

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obligation of timely service under Rule 4 and that the Court may order the dismissal of this matter sua

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sponte for failure to comply with Fed. R. Civ. P. 4.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

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The status conference re: consent/scheduling conference, currently set on March 11, 2015

is CONTINUED to May 28, 2015 at 8:30 a.m.
Plaintiff is advised that his failure to comply with this order and with Fed. R. Civ. P. 4, will
result in a recommendation that the matter be dismissed.

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IT IS SO ORDERED.
Dated:

February 26, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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