Miner, et al. v. Ferranti, et al.

Filing 11

ORDER to PLAINTIFFS to SHOW CAUSE Why the Matter Should Not Be Dismissed for Their Failure to Comply with Fed. R. Civ. P. 4(m); ORDER CONTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 10/27/2015. Show Cause Response due by 11/20/2015. Initial Scheduling Conference CONTINUED to 1/8/2016 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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CAROLYN MINER, et al.,
Plaintiffs,

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v.

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BARBARA FERRANTI, et al.,
Defendants.

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Case No.: 1:15-cv-00352 --- JLT
ORDER TO PLAINTIFFS TO SHOW CAUSE
WHY THE MATTER SHOULD NOT BE
DISMISSED FOR THEIR FAILURE TO COMPLY
WITH FED. R. CIV. P. 4(m)
ORDER CONTINUING SCHEDULING
CONFERENCE

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On March 5, 2015, Plaintiffs filed the instant action. (Doc. 1) On the July 23, 2015, the Court

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issued the summonses (Docs. 2-9) and its order setting the mandatory scheduling conference to occur

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on November 9, 2015. (Doc. 10) 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. 9 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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Therefore, the Court ORDERS,

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1.

No later than November 20, 2015, Plaintiffs SHALL show cause in writing why the

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matter should not be dismissed for their failure to comply with Fed. R. Civ. P. 4(m) which requires

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service of the summons and complaint within 120 days;

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2.

The scheduling conference, currently set on November 9, 2015, is continued to January

8, 2016 at 9:30 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA.
Failure to comply with this order may result in the imposition of sanctions, including the
dismissal of unserved defendants.

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IT IS SO ORDERED.
Dated:

October 27, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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