Carefoot et al v. County of Kern et al

Filing 10

ORDER to PLAINTIFFS to SHOW CAUSE Why Sanctions Should Not Be Imposed for the Failure to Comply with the Court's Orders and to Prosecute This Action; ORDER CONTINUING Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/19/2017. Show Cause Response due by 6/30/2017. Initial Scheduling Conference CONTINUED to 8/11/2017 at 08:30 AM in Bakersfield, 510 19th Street 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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PRISCILLA CAREFOOT, et al.,

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Plaintiffs,
v.
COUNTY OF KERN, et al.,

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Defendants.

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Case No.: 1:17-cv-00456 AWI JLT
ORDER TO PLAINTIFFS TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR THE FAILURE TO COMPLY WITH THE
COURT’S ORDERS AND TO PROSECUTE THIS
ACTION; ORDER CONTINUING SCHEDULING
CONFERENCE

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On March 29, 2017, Priscilla Carefoot initiated this action on her own behalf and on behalf of

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the minor child, J.H. (Doc. 1) The next day, the Court issued the summonses (Doc. 6, 7) and its order

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setting the mandatory scheduling conference to occur on May 15, 2016. (Doc. 8) In its order setting

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the mandatory scheduling conference, the Court advised counsel:

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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. 8 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed a proof of service of the

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summons and complaint as to any defendant. Therefore, the Court ORDERS,

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1.

No later than June 30, 2017, the plaintiff SHALL show cause why sanctions should
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not be imposed for the failure to serve and file proofs of service on the defendants. Alternatively, the

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plaintiff may file proofs of service;

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2.

Due the failure of the plaintiff to serve the summonses and complaint, the scheduling

conference, currently set on June 28, 2017 is CONTINUED to August 11, 2017 at 8:30 a.m.
Plaintiff is reminded of the service obligations under Fed. R. Civ. P. 4. Failure to comply
may result in the imposition of sanctions, including the dismissal of unserved defendants.

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IT IS SO ORDERED.
Dated:

June 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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