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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRISCILLA CAREFOOT, et al., 12 13 14 Plaintiffs, v. COUNTY OF KERN, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) 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 16 17 On March 29, 2017, Priscilla Carefoot initiated this action on her own behalf and on behalf of 18 the minor child, J.H. (Doc. 1) The next day, the Court issued the summonses (Doc. 6, 7) and its order 19 setting the mandatory scheduling conference to occur on May 15, 2016. (Doc. 8) In its order setting 20 the mandatory scheduling conference, the Court advised counsel: 21 22 23 24 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. 25 26 (Doc. 8 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed a proof of service of the 27 summons and complaint as to any defendant. Therefore, the Court ORDERS, 28 1. No later than June 30, 2017, the plaintiff SHALL show cause why sanctions should 1 1 not be imposed for the failure to serve and file proofs of service on the defendants. Alternatively, the 2 plaintiff may file proofs of service; 3 4 5 6 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. 7 8 9 10 IT IS SO ORDERED. Dated: June 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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