Alaniz v. Equisolar, Inc.

Filing 4

ORDER to Plaintiff 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 4/27/2018. Show Cause Response due by 5/7/2018; Initial Scheduling Conference set for 6/25/2018 at 08:15 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO ALANIZ, et al., 12 13 14 Plaintiffs, v. EQUISOLAR, INC., 15 Defendants. ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00205 LJO JLT ORDER TO PLAINTIFF 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 February 8, 2018, the plaintiff initiated this action for declaratory relief. (Doc. 1) The next 18 day, the Court issued the summonses (Doc. 2) and its order setting the mandatory scheduling 19 conference to occur on May 7, 2018. (Doc. 3) In its order setting the mandatory scheduling 20 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 (Doc. 3 at 1-2, emphasis added) Despite this, the plaintiffs have not filed proofs of service of the 26 summons and complaint and no defendant has appeared in the action. Therefore, the Court ORDERS, 27 28 1. No later than May 7, 2018, the plaintiffs SHALL show cause why sanctions should not be imposed for the failure to serve the summonses and complaint and file proofs of service. 1 1 Alternatively, the plaintiff may file proofs of service; 2 2. Due the failure of the defendant to appear and the lack of proofs of service which 3 would prevent entry of default, the scheduling conference is CONTINUED to June 25, 2018 at 8:15 4 a.m. 5 Plaintiff is reminded of the service obligations under Fed. R. Civ. P. 4. Failure to comply 6 may result in the imposition of sanctions, including the Court sua sponte dismissing unserved 7 defendants. 8 9 10 11 IT IS SO ORDERED. Dated: April 27, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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