Prasad et al v. County of Sutter et al

Filing 23

ORDER signed by Judge Garland E. Burrell, Jr on 6/5/12 ORDERING the Joint Status Report filed 5/25/12, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference set for hearing on 6/11/12, continued to 8/20/12, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference; Plaintiffs are notified that failure to serve Defendants LouAnne Cummings, Amerjit Bhattal, and Brent Garbett with process within the 120 day period may result in the unserved defendants being dismissed. To avoid dismissal, on or before 9/10/12, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period. Lastly, no later than 8/6/12, counsel or the minor plaintiffs shall "present (1) appropriate evidence of the appointment of a representative for the minor... under state law[,] or (2) [file] a motion for the appointment of a guardian ad litem by the Court in accordance with Local Rule 202(a).(Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Estate of NATHAN PRASAD,
deceased, by and through MARY
PRASAD; MARY PRASAD; T.P., a
minor; and A.P., a minor,

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Plaintiff,

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v.
COUNTY OF SUTTER; J. PAUL
PARKER, Sutter County Sheriff’s
Department Sheriff; DAVID
SAMSON, Sutter County Jail
Division Commander; NORMAN
BIDWELL, Sutter County Jail
Corrections Lieutenant; LOU ANNE
CUMMINGS, Sutter County Health
Officer; AMERJIT BHATTAL, Sutter
County Assistant Director of
Human Services – Health
Division; BRENT GARBETT, Sutter
County Jail Nurse Program
Manager; DORIS BROWN, Sutter
County Jail Advanced Registered
Nurse Practitioner; MELODY
YOUNG, Sutter County Jail
Licensed Vocational Nurse;
BALJINDER RAI, Sutter County
Jail Deputy Officer; SHANE
DICKSON, Sutter County Jail
Deputy Officer; UNKNOWN JAIL
EMPLOYEE I; FREMONT-RIDEOUT
HEALTH GROUP; MICHAEL FRATERS,
D.O.; and DOES I through LX,,
Defendants.
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2:12-cv-00592-GEB-GGH
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE, REQUIRING
INFORMATION ON MINORS'
GUARDIAN AD LITEM, and FED.
R. CIV. P. 4(M) NOTICE

The Joint Status Report filed May 25, 2012, reveals this case

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is

not

ready

to

be

scheduled.

Therefore,

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Scheduling) Conference scheduled for hearing on June 11, 2012, is

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the

Status

(Pretrial

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continued to August 20, 2012, at 9:00 a.m.

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report shall be filed no later than fourteen (14) days prior to the

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Status Conference.

A further joint status

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Further, Plaintiffs are notified under Rule 4(m) of the

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Federal Rules of Civil Procedure that failure to serve Defendants Lou

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Anne Cummings, Amerjit Bhattal, and Brent Garbett with process within

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the 120 day period prescribed in that Rule may result in the unserved

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defendants being dismissed. To avoid dismissal, on or before September

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10, 2012, Plaintiffs shall file proof of service for these defendants or

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

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prescribed service period.

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Lastly, no later than August 6, 2012, counsel for the minor

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plaintiffs shall “present (1) appropriate evidence of the appointment of

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a representative for the minor . . . under state law[,] or (2) [file] a

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motion for the appointment of a guardian ad litem by the Court in

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accordance with Local Rule 202(a).

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IT IS SO ORDERED.
Dated:

June 5, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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