Altmann v. Indymac Federal Bank, et al

Filing 28

ORDER signed by Judge Garland E. Burrell, Jr. on 12/8/2009 ORDERING that the status (pretrial scheduling) conference is CONTINUED to 2/1/2010 at 9:00 AM and FRCP 4(m) notice. (Engbretson, K.)

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 ERNEST ALTMANN, ) ) 2:09-cv-02361-GEB-GGH Plaintiff, ) ) ORDER CONTINUING STATUS v. ) (PRETRIAL SCHEDULING) ) CONFERENCE and FED. R. CIV. INDYMAC FEDERAL BANK; GREEN TREE ) P. 4(m) NOTICE SERVICING, LLC; NATIONAL CITY ) MORTGAGE A DIVISION OF NATIONAL ) CITY BANK; FIRST BANK DBA FIRST ) BANK MORTGAGE; QUALITY LOAN SERVICE) CORP.; BANK OF AMERICA; MORTGAGE ) ELECTRONIC REGISTRATION SYSTEMS, ) INC.; REMIEN MORTGAGE FAMILY, INC.;) ROBERT REMIEN; GEORGE ROJAS and ) DOES 1-20, inclusive, ) ) Defendants. ) ) The parties' Joint Status Report filed on December 4, 2009 reveals this case is not ready to be scheduled. Therefore,

the Status (Pretrial Scheduling) Conference ("status conference") set for December 14, 2009 is continued to February 1, 2010, at 9:00 a.m. A further joint status report shall be filed no later than

fourteen (14) days prior to the status conference.1 Plaintiff is notified under Rule 4(m) of the Federal

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Rules of Civil Procedure ("Rule 4(m)") that Defendants Remien Mortgage Family, Inc. and Robert Remien could be dismissed as defendants in this action under Rule 4(m) unless Plaintiff provides proof of service and/or "shows good cause for the failure" to serve these defendants within Rule 4(m)'s 120 day prescribed period, in a filing due no later than 4:00 p.m. on December 23, 2009. Further, the Order filed in this action on August 25, 2009 required the parties to file a joint status report fourteen (14) days prior to the status conference, regardless of whether a joint status report could be procured. a timely status report as ordered. The parties are warned that failure to meet a Rule 16 filing deadline could be sanctionable conduct. Should an Order to The parties failed to file

Show Cause ("OSC") be issued in this case for such or other conduct in the future, the parties' failure to file a timely status report may also be subject of such an OSC. The parties are mistaken if

they believe that filing deadlines can be ignored with impunity from being the subject of sanctioning jurisprudence. IT IS SO ORDERED. Dated: December 8, 2009

GARLAND E. BURRELL, JR. United States District Judge