Dela Cruz et al v. Yuan et al

Filing 30

ORDER signed by Judge Garland E. Burrell, Jr. on 11/7/2011 CONTINUING Status (Pretrial Scheduling) Conference until 2/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Joint Status Report due 14 days prior to the 2/27/2012 hearing date. To avoid dismissal, Plaintiffs shall file proof of service for defendants Edward Py-Yen Yuan dba Imperial Mortgage and Imperial Development Inc. or a sufficient explanation why service was not effected within Rule 4(m)s prescribed service period by 11/18/2011. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR A. DELA CRUZ and MARY M.
DELA CRUZ,

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Plaintiffs,
v.
EDWARD PY JEN YUAN d/b/a
IMPERIAL MORTGAGE; IMPERIAL
DEVELOPMENT INC.; WASHINGTON
MUTUAL BANK; FEDERAL DEPOSIT
INSURANCE COMPANY; JP MORGAN
CHASE, NATIONAL ASSOCIATION;
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR WAMU
MORTGAGE PASSTHROUGH
CERTIFICATES SERIES 2006-PR1
TRUST; CALIFORNIA RECONVEYANCE
COMPANY; and DOES 1-100,
inclusive,
Defendants.
________________________________

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2:11-cv-01176-GEB-DAD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE

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The Joint Status Report (“JSR”) filed October 31, 2011,

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reveals this case is not ready to be scheduled. Therefore, the Status

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(Pretrial Scheduling) Conference scheduled for hearing on November 14,

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2011 is continued to February 27, 2012, commencing at 9:00 a.m. A

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further joint status report shall be filed no later than fourteen (14)

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days prior to the hearing date.

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Further, Plaintiffs state in the JSR that they “have not yet

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served Defendants Edward Py-Yen Yuan dba Imperial Mortgage and Imperial

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Development Inc. as their current location have not been able to have

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been

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prejudice as defendants.” (JSR 2:24-26.) Plaintiffs are notified under

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Rule 4(m) of the Federal Rules of Civil Procedure that failure to serve

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either above mentioned defendant with process within the 120 day period

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prescribed in that Rule may result in the unserved defendant being

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dismissed.

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Plaintiffs shall file proof of service for these defendants or a

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sufficient explanation why service was not effected within Rule 4(m)’s

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prescribed service period.

discovered.

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To

Plaintiff[s]

avoid

anticipate[]

dismissal,

on

or

dismissing

before

them

November

IT IS SO ORDERED.
Dated:

November 7, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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without

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2011,