Perfino, et al. v. State of CA Dept of Alcoholic Beverage Control (A.B.C.), et al.

Filing 44

RULE 4(M) NOTICE signed by Judge Garland E. Burrell, Jr. on 1/8/2010 16 Plaintiffs are hereby notified under Rule 4(m) that Juan G. Ayala and Herbito Garcia will be dismissed as defendants in this action under Rule 4(m)'s prescription that all dfts be served with process within the 120 day period unless Plaintiffs provide proof of service and/or "show good cause for the failure" to serve within this prescribed period in a filing due no later than 4:00 PM on 1/13/2010. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 It has come to the Court's attention that the parties' 14 in the joint status report filed June 15, 2009 did not address whether 15 Defendants Juan G. Ayala and Herbito Garcia have been served since 16 Plaintiffs' filed their original complaint on March 26, 2009. 17 scheduling order issued based on the premise that these individuals 18 are parties in this case. 19 4(m) that Juan G. Ayala and Herbito Garcia will be dismissed as 20 defendants in this action under Rule 4(m)'s prescription that all 21 defendants be served with process within the 120 day period unless 22 Plaintiffs provide proof of service and/or "show good cause for the 23 failure" to serve within this prescribed period in a filing due no 24 later than 4:00 p.m. on January 13, 2010. 25 26 27 28 GARLAND E. BURRELL, JR. United States District Judge 1 Dated: January 8, 2010 Plaintiffs are hereby notified under Rule The CARLOS PERFINO and JESS ZURANICH, Plaintiffs, v. STEVE HARDY, DIRECTOR; ELIZABETH GAVIA; LORI AJAX; JUAN G. AYALA; and HERBITO GARCIA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

2:09-cv-00833-GEB-KJM RULE 4(M) NOTICE