Anderson v. Riverwalk Holdings, LTD et al

Filing 9

ORDER CONTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 3/31/2016. Initial Scheduling Conference CONTINUED to 6/20/2016 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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FREDERICK C. ANDERSON,
Plaintiff,

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v.

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RIVERWALK HOLDINGS, LTD, et al.,

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Defendants.

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) Case No.: 1:16-cv-00251 LJO JLT
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) ORDER CONTINUING SCHEDULING
) CONFERENCE
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On February 23, 2016, Plaintiff filed this action. (Doc. 1) The same day, the Court issued the

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summonses (Docs. 4, 5) and its order setting the mandatory scheduling conference to occur on

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February 8, 2016. (Doc. 6) More than a month later on March 30, 2016, Plaintiff filed his first

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amended complaint. (Doc. 8) Plaintiff is reminded of his obligation to serve the summons and

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complaint in a timely fashion. Notably, in its order setting the mandatory scheduling conference, the

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Court advised:

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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. 6 at 1-2, emphasis added) Failure to serve the summons and complaint within the time period
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set forth in Fed. R. Civ. P. 4(m) will result in a recommendation that the Court dismiss the unserved

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defendants.

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Therefore, the Court ORDERS,

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1.

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The scheduling conference, currently set on April 26, 2016, is continued to June 20,

2016 at 9:00 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 the action.

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IT IS SO ORDERED.
Dated:

March 31, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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