Johnson v. Truong et al

Filing 11

ORDER signed by Judge Kimberly J. Mueller on 2/13/12; Accordingly, the court hereby ORDERS: 1) Plaintiff shall serve Protech Roofing, LLC with the complaint within fourteen (14) days of the filing of this order; 2) Failure to serve Protech Roofing, L LC will result in its dismissal from this action; and 3) The February 16, 2012 status (pretrial scheduling) conference set in this action is hereby VACATED, to be reset as necessary after the expiration of the fourteen (14) days allotted to plaintiff by this order. IT IS SO ORDERED.(Matson, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SCOTT N. JOHNSON,

11

Plaintiff,

12
13

No. CIV S-11-2590 KJM-KJN

vs.
LIEN P. TRUONG; and PROTECH ROOFING
LLC,

14
Defendants.

ORDER
/

15

Plaintiff filed the complaint in the above-captioned action on September 30, 2011.

16
17

(ECF 1.) In accordance with Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not

18

served within 120 days after the complaint is filed, the court–on motion or on its own after notice

19

to the plaintiff–must dismiss the action without prejudice against that defendant or order that

20

service be made within a specified time.” Defendant Protech Roofing, LLC has not been served

21

within 120 days of the complaint being filed.

22

Accordingly, the court hereby ORDERS:

23

1) Plaintiff shall serve Protech Roofing, LLC with the complaint within fourteen

24

(14) days of the filing of this order;
2) Failure to serve Protech Roofing, LLC will result in its dismissal from this

25
26

action; and
1

1

3) The February 16, 2012 status (pretrial scheduling) conference set in this action

2

is hereby VACATED, to be reset as necessary after the expiration of the fourteen (14) days

3

allotted to plaintiff by this order.

4
5

IT IS SO ORDERED.
DATED: February 13, 2012.

6
7

UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2