Singh et al v. Bunch et al

Filing 24

ORDER signed by Judge Garland E. Burrell, Jr on 11/17/15 ORDERING the Initial Scheduling Conference is CONTINUED to 2/1/16 at 09:00 AM; A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference, in which Plaintiffs shall address their efforts to prosecute this case against Defendants Frank Navarro and John Evers. Plaintiffs are notified that these defendants may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if Plain tiffs fail to prosecute their claim(s) against them. To avoid dismissal, on or before 11/30/15, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not completed within Rule 4(m)'s prescribed service period. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRAVEEN SINGH, an individual;
and JOYTESHNA KARAN, an
individual,

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Plaintiffs,
v.

No.

1:15-cv-00646-GEB-BAM

ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P. 4(M)
NOTICE

KIRK BUNCH, an individual;
FRANK NAVARRO, an individual;
JOHN EVERS, an individual;
DAVID HARRIS; BIRGIT
FLADAGER; THE COUNTY OF
STANISLAUS, a government
entity; ADAM CHRISTIANSON;
STANISLAUS COUNTY SHERIFF
DEPARTMENT, a government
entity; and DOES 1 – 100,
inclusive;

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Defendants.

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The Joint Status Report filed November 9, 2015, reveals

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this case is not ready to be scheduled. The parties state: “FRANK

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NAVARRO and JOHN EVERS have not made any appearance.” (JSR 2:7,

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ECF No. 23.) However, it is unclear whether these defendants have

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been served with process, and Plaintiffs do not indicate how they

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intend to prosecute this action against them, if they have been

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served.
Therefore, the Status (Pretrial Scheduling) Conference

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scheduled

for

hearing

on

November
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23,

2015,

is

continued

to

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February 1, 2016, at 9:00 a.m. A further joint status report

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shall be filed no later than fourteen (14) days prior to the

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Status

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efforts to prosecute this case against Defendants Frank Navarro

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and John Evers. Plaintiffs are notified that these defendants may

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be dismissed with prejudice under Federal Rule of Civil Procedure

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41(b)

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them.

Conference,

if

Plaintiffs

in

which

fail

to

Plaintiffs

prosecute

shall

their

address

claim(s)

their

against

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Further, Plaintiffs are notified under Rule 4(m) of the

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Federal Rules of Civil Procedure that failure to serve Defendants

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Frank Navarro and John Evers with process may result in the

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unserved defendant(s) being dismissed. To avoid dismissal, on or

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before November 30, 2015, Plaintiffs shall file proof of service

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for these defendants or a sufficient explanation why service was

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not completed within Rule 4(m)’s prescribed service period.

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IT IS SO ORDERED.
Dated:

November 17, 2015

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