Johnson v. Alexander et al

Filing 16

ORDER signed by Judge Garland E. Burrell, Jr on 9/18/09 ORDERING the Scheduling Conference CONTINUED to 11/30/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff is NOTIFIED under Rule 4(m) of the FRCP that any defend ant not served process within the 120 day period as prescribed in the rule will be dismissed unless plaintiff provides proof of service and/or show good cause for the failure to serve within this prescribed period in a filing due no later than 4:00pm on 10/26/09.(Donati, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The failure of one or more of the parties to participate in the preparation of the Joint Status Report does not excuse the other parties from their obligation to timely file a status report in accordance with this Order. In the event a party fails to participate as ordered, the party timely submitting the status report shall include a declaration explaining why it was unable to obtain the cooperation of the other party or parties.
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) ROBERT M. ALEXANDER; DAVID W. ) WISTROM; FLG HOLDINGS, LLC; ANDREW ) M. HARRAGON; JOAN E. HARRAGON, ) ) Defendants. ) ) SCOTT JOHNSON, 2:09-cv-01763-GEB-DAD ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(m) NOTICE

The parties' Status Report filed September 8, 2009, reveals this case is not ready to be scheduled. Therefore, the

Status (Pretrial Scheduling) Conference set for September 21, 2009 is continued to November 30, 2009, at 9:00 a.m. A further joint

status report shall be filed no later than (14 days prior).1 Further, Plaintiff is notified under Rule 4(m) of the Federal Rules of Civil Procedure that any defendant not served with process within the 120 day period prescribed in that Rule will be dismissed as a defendant in this action unless Plaintiff provides proof of service and/or "shows good cause for the failure" to serve

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within this prescribed period in a filing due no later than 4:00 p.m. on October 26, 2009. IT IS SO ORDERED. Dated: September 18, 2009

GARLAND E. BURRELL, JR. United States District Judge