Connecticut General Life Insurance Company v. Porter et al

Filing 16

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/20/2009 ORDERING Scheduling Conference set for 12/14/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A further joint status report shall be filed no later than 14 days prior to status conference. Plaintiff shall also explain in that joint status report whether a minor is a defendant in this action. Proof of Service and/or "shows good cause for the failure" to serve within this prescribed period in a filing due no later than 4:00 PM on 11/20/2009. (Reader, L)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONNECTICUT GENERAL LIFE INSURANCE ) COMPANY, ) ) Plaintiff-in-Interpleader, ) ) v. ) ) BRIAN R. PORTER; CHARLES W. ) NICHOLS, as Co-Trustee of the LeAnn) P. Porter Revokable Living Trust; ) BETTY JANE NICHOLS, as Co-Trustee ) of the LeAnn P. Porter Revokable ) Living Trust, ) ) Defendants-in-Interpleader. ) ___________________________________) 2:09-cv-02058-GEB-DAD ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; RULE 4(M) NOTICE The joint status report filed on November 2, 2009 indicates Defendants Charles W. Nichols and Betty Jane Nichols have been served with process in this interpleader action but have failed to respond to the summons. Plaintiff fails to propose a meaningful schedule as to Therefore, the status conference is continued A further joint status report shall be filed no Plaintiff those two defendants. to December 14, 2009. later than fourteen (14) days prior to status conference. shall also explain in that joint status report whether a minor is a defendant in this action. 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 1 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 within this prescribed period in a filing due no later than 4:00 p.m. on November 20, 2009. IT IS SO ORDERED. Dated: November 10, 2009 GARLAND E. BURRELL, JR. United States District Judge 2

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