Trujillo v. Gogna et al

Filing 19

ORDER GRANTING EXTENSION OF TIME TO COMPLETE SERVICE AND SETTING SCHEDULING CONFERENCE, signed by Magistrate Judge Stanley A. Boone on 02/05/2024. IT IS HEREBY ORDERED that Plaintiff is granted an extension of time to complete service pursuant to Fed . R. Civ. P. 4(m). The deadline for Plaintiff to complete service on Defendant Paul Gogna doing business as Prince Food & Gas, shall be extended to March 22, 2024. Plaintiff shall either seek leave to amend the complaint to cure the defects wi th respect to Defendants Huda-Cal. Properties, LLC and Akbar Ali Huda, or dismiss these Defendants by March 22, 2024. An initial scheduling conference is SET for April 25, 2024, at 1:30 p.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE TRUJILLO,
Plaintiff,

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Case No. 1:22-cv-00707-JLT-SAB
ORDER GRANTING EXTENSION OF
TIME TO COMPLETE SERVICE AND
SETTING SCHEDULING CONFERENCE

v.
PAUL GOGNA, et al.,

(ECF Nos. 16, 18)

Defendants.

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On June 10, 2022, Plaintiff Jose Trujillo (“Plaintiff”) initiated this litigation against

18 Defendants Paul Gogna doing business as Prince Food & Gas (“Gogna”); Huda-Cal. Properties,
19 LLC; and Akbar Ali Huda. (ECF No. 1.) On January 10, 2023, Plaintiff filed a motion for
20 default judgment against all Defendants. (ECF No. 13.) On March 1, 2023, the Court issued
21 findings and recommendations to deny Plaintiff’s motion.

(ECF No. 16.)

The Court

22 recommended denial of the motion as to Defendant Gogna due to improper service; meanwhile,
23 the Court found service was properly effected on Defendants Huda-Cal. Properties, LLC and
24 Akbar Ali Huda, but recommended denial of Plaintiff’s motion based on the finding that Plaintiff
25 failed to establish that Defendants Huda-Cal. Properties, LLC or Akbar Ali Huda own, lease, or
26 operate the Facility so as to be properly named defendants in this action. (ECF No. 16 at 15-18,
27 25.) On March 27, 2023, the District Judge adopted the findings and recommendations in full
28 and referred the matter to this Court for further proceedings. (ECF No. 16.)

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It has come to the Court’s attention that no scheduling conference is currently set in this

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2 matter. In light of the finding that service was not properly effected on Defendant Gogna, the
3 Court shall grant Plaintiff a further extension of time to complete service under Federal Rule of
4 Civil Procedure 4(m).1 As to Defendants Huda-Cal. Properties, LLC and Akbar Ali Huda,
5 should Plaintiff seek to amend the pleadings or dismiss portions of the complaint, he must do so
6 prior to the expiration of the new service deadline. If Plaintiff does not seek to amend the
7 complaint to cure the deficiencies noted in the March 27, 2023 findings and recommendations
8 (ECF No. 18), the Court will recommend dismissal of Defendants Huda-Cal. Properties, LLC
9 and Akbar Ali Huda. The Court shall also set a scheduling conference for this matter.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff is granted an extension of time to complete service pursuant to Fed. R.
Civ. P. 4(m);

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2.

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The deadline for Plaintiff to complete service on Defendant Paul Gogna doing
business as Prince Food & Gas, shall be extended to March 22, 2024;

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3.

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Plaintiff shall either seek leave to amend the complaint to cure the defects with

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respect to Defendants Huda-Cal. Properties, LLC and Akbar Ali Huda, or dismiss

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these Defendants by March 22, 2024;
4.

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An initial scheduling conference is SET for April 25, 2024, at 1:30 p.m. in
Courtroom 9; and

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Rule 4(m) provides that “If a defendant is not served within 90 days after the complaint is filed, the court—on

27 motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant
or order that service be made within a specified time.” Fed. R. Civ. P. 4(m). “But if the plaintiff shows good cause

28 for the failure, the court must extend the time for service for an appropriate period.” Id.
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5.

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The parties shall file a joint scheduling report seven (7) days prior to the
scheduling conference.

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IT IS SO ORDERED.

5 Dated:

February 5, 2024
UNITED STATES MAGISTRATE JUDGE

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