Harbus v. La Favorita Radio Network, Inc.

Filing 5

ORDER REQUIRING PLAINTIFF TO FILE STATUS REPORT signed by Magistrate Judge Stanley A. Boone on 11/19/2021. IT IS HEREBY ORDERED that within five (5) days of the date of entry of this order, Plaintiff shall file a status report regarding the status of service on Defendant. Plaintiff is advised that failure to comply with this order may result in the issuance of sanctions, as well as a recommendation of dismissal of this action pursuant to Federal Rule of Civil Procedure 4(m). (Gonzales, V)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD HARBUS, Case No. 1:21-cv-01267-NONE-SAB Plaintiff, 12 ORDER REQUIRING PLAINTIFF TO FILE STATUS REPORT v. 13 FIVE DAY DEADLINE 14 LA FAVORITA RADIO NETWORK, INC., 15 Defendant. 16 17 This action was filed on August 19, 2021. (ECF No. 1.) A summons was issued on 18 August 20, 2021. (ECF No. 2.) An executed summons demonstrating service on the Defendant 19 has yet to be filed in this action, and the deadline to do so has expired. See Fed. R. Civ. P. 4(m) 20 (“If a defendant is not served within 90 days after the complaint is filed, the court--on motion or 21 on its own after notice to the plaintiff--must dismiss the action without prejudice against that 22 defendant or order that service be made within a specified time.”). 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that within five (5) days of the date of entry of 1 2 this order, Plaintiff shall file a status report regarding the status of service on Defendant. 3 Plaintiff is advised that failure to comply with this order may result in the issuance of sanctions, 4 as well as a recommendation of dismissal of this action pursuant to Federal Rule of Civil 5 Procedure 4(m). 6 7 IT IS SO ORDERED. 8 Dated: November 19, 2021 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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