Carolyn E. Miner v. JP Morgan Chase Bank, N.A.

Filing 9

ORDER SETTING Further Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 8/5/2016. Clerk of Court is DIRECTED to issue a Summons as to the First Amended Complaint; Plaintiff SHALL accomplish service and file proof by 9/9/2016. Scheduling Conference set for 11/29/2016 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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J.P. MORGAN CHASE BANK N.A.,
Defendants.

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) Case No.: 1:15-cv-00626 AWI JLT
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) ORDER SETTING A FURTHER SCHEDULING
) CONFERENCE
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On the May 3, 2016, the defendants removed this matter to this Court. (Doc. 1) In the

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removal, the defendants noted that it had not been served properly in the state action.1 Id. at 2. From

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the time of the removal to now, the plaintiff has not properly served the summons and complaint. As a

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result, though the Court convened the mandatory scheduling conference, it was not able to schedule

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the case. Thus, the Court ORDERS:
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complaint;
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The Clerk of the Court is DIRECTED to issue a summons as to the first amended

No later than September 9, 2016, Plaintiff SHALL accomplish service of the

summons and complaint and file proof of service;

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The defendant notes that the plaintiff mailed a copy of the summons and complaint with the Notice and
Acknowledgement of Receipt already completed. Without deciding the issue, the Court agrees that this is service does not
appear to be proper according to law.

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A further scheduling conference is set on November 29, 2016 at 9:30 a.m. at the

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United States Courthouse at 510 19th Street, Bakersfield, California. Counsel may appear via the

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CourtCall service.

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IT IS SO ORDERED.
Dated:

August 5, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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