EbaraTechnologies, Inc. v. Baker

Filing 5

ORDER signed by Judge Lawrence K. Karlton on 2/21/2012 ORDERING Plaintiff to serve Defendant Randal Baker with the 1 Complaint by 3/17/2012; CONTINUING the Status Conference until 5/14/2012 at 11:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EBARA TECHNOLOGIES, INC., NO. CIV. S-11-3068 LKK/EFB 11 Plaintiff, 12 v. 13 RANDAL BAKER, O R D E R Defendant. 14 / 15 16 On November 18, 2011, Plaintiff Ebara Technologies, Inc. 17 filed a complaint against Defendant Randal Baker. Pl’s Compl., ECF 18 No. 1. On November 21, 2011, the court issued Defendant a summons, 19 and required him to serve an answer to the complaint on Plaintiff’s 20 counsel. 21 indicate that Defendant has been served with the complaint. 22 initial scheduling conference has been set for February 21, 2012, 23 at 10:30 A.M. Summons, ECF No. 3. However, the docket does not An Civil New Case Docs., ECF No. 4. 24 Pursuant to Fed. R. Civ. P. 4(m), “If a defendant is not 25 served within 120 days after the complaint is filed, the court - 26 on motion or on its own after notice to the plaintiff - must 1 1 dismiss the action without prejudice against that defendant or 2 order that service be made within a specified time.” 3 this rule, Plaintiff has until March 17, 2012 to serve Defendant 4 Randal Baker with the complaint. According to 5 For the foregoing reasons, the court orders as follows: 6 [1] Plaintiff Ebara Technologies SHALL serve Defendant Randal 7 Baker with the complaint by March 17, 2012, in accordance 8 with the requirements set forth in Local Rule 135. 9 to do so, without good cause, may result in dismissal of Failure 10 Plaintiff’s complaint. 11 [2] The status conference scheduled for February 21, 2012 is 12 continued to May 14, 2012 at 11:00 a.m. 13 IT IS SO ORDERED. 14 DATED: February 21, 2012. 15 16 17 18 19 20 21 22 23 24 25 26 2

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