Kevin Barnes v. Union Pacific Railroad Company

Filing 4

ORDER CONTINUING SCHEDULING CONFERENCE to December 15, 2017, signed by Magistrate Judge Jennifer L. Thurston on 10/12/2017. Initial Scheduling Conference CONTINUED to 12/15/2017 at 09:00 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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KEVIN BARNES,

) Case No.: 1:17-cv-1006 - LJO - JLT
)
Plaintiffs,
) ORDER CONTINUING THE SCHEDULING
) CONFERENCE TO DECEMBER 15, 2017
v.
)
)
UNION PACIFIC RAILROAD COMPANY, )
)
Defendants.
)
)

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Plaintiff initiated this action by filing a complaint on July 27, 2017. (Doc. 1) The Summons

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was issued on July 28, 2017, as were the new civil case documents. (Docs. 2-3) Notably, in the

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Court’s “Order Setting Mandatory Scheduling Conference,” Plaintiff was informed:

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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.
(Doc. 3 at 1-2, emphasis added)
In relevant part, Rule 4(m) of the Federal Rules of Civil Procedure provides that “[i]f

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defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own

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after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order

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that service be made within a specified time.” The deadline for service may be extended “if the
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plaintiff shows good cause for the failure” to serve within the specified time. Id. Plaintiff is now

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reminded of the obligation to diligently pursue service of the summons and complaint, and to

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demonstrate good cause if additional time is necessary to effect service. Failure to do so will result

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in the Court dismissing this action or dismissing any unserved defendants.

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Accordingly, the Court ORDERS that the Scheduling Conference currently set for October
26, 2017 is CONTINUED to December 15, 2017 at 9:00 a.m.

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IT IS SO ORDERED.
Dated:

October 12, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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