Khanna v. Inter-Con Security Systems, Inc. et al

Filing 30

ORDER signed by Judge Garland E. Burrell, Jr on 10/23/09 ORDERING that the Status Conference is CONTINUED to 1/19/2010 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 fo urteen (14) days prior to theStatus Conference. Further, Plaintiffs are 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 Plaintiffs provide 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 12/20/2009. (Duong, D)

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 parties' Status Report filed October 19, 2009 reveals this case is not ready to be scheduled. Therefore, the Status SHASHI KHANNA, suing individually and as Successor in Interest of Amankumar Khanna, deceased, by and on behalf of Amankumar Khanna, all others similarly situated, and the general public, ) ) ) ) ) ) ) Plaintiffs, ) v. ) ) INTER-CON SECURITY SYSTEMS, INC., a) California Corporation D/B/A ) HEALTHCARE SECURITY SERVICES GROUP,) a putative independent entity; ) ENRIQUE HERNANDEZ, JR., an ) individual; NEIL MARTAU, an ) individual; LANCE MILLER, an ) individual; ROLAND A. HERNANDEZ, an) individual; PAUL R. MILLER, an ) individual; MICHAEL P. MACHARG, an ) individual; JEANNE GERVIN, an ) individual; MICHAEL SUTKAYTIS, an ) individual; JANA FANNING, an ) individual; CATHERINE ROSS, an ) individual; LINDA SAYAD, an ) individual; MARK CHAMBERLAIN, an ) individual; and JAMES LATHAM, an ) individual, ) ) Defendants. ) ) 2:09-cv-2214-GEB-GGH ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(m) NOTICE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

(Pretrial Scheduling) Conference set for November 2, 2009 is continued to January 19, 2010 at 9:00 a.m. A further joint status

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report shall be filed no later than fourteen (14) days prior to the Status Conference.1 Further, Plaintiffs are 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 Plaintiffs provide 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 p.m. on December 10, 2009. IT IS SO ORDERED. Dated: October 23, 2009

GARLAND E. BURRELL, JR. United States District Judge

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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