Worldslide, LLC v. Dubinsky et al

Filing 13

ORDER continuing Status (Pretral Scheduling) Conference signed by Judge Garland E. Burrell, Jr. on 9/12/2012. Worldslide, LLC states in 12 Joint Status Report, "defendant Brian Dubinsky has evaded service". In light of plaintiff's re presentations, they are GRANTED an extension to effectuate service on defendants Brian Dubinsky and AquaWood up to and including 10/29/2012. To avoid dismissal, on or before 10/31/2012, plaintiff shall file Proof of Service or sufficient explanation why service was not completed within extended time. Status Conference is RE-SCHEDULED for 12/10/2012 at 9:00 AM in Courtroom 10 (GEB). Further Joint Status Report shall be filed no later than 14 days prior. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WORLDSLIDE, LLC,
Plaintiff,

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v.

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BRIAN DUBINSKY and AQUAWOOD,
LLC, using trade name TOYQUEST;
WAL-MART STORES, INC.;
AMAZON.COM, INC.; and TOYS ‘R’
US-DELAWARE, INC.,

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Defendants.
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2:12-cv-00872-GEB-CKD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE

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Plaintiff states in the Joint Status Report filed August 28,
2012 (“JSR”):
[Defendant] Brian Dubinsky has evaded service and
plaintiff may motion to serve him by publication.
[Defendant] AquaWood, Inc.’s agent for service of
process has evaded service and plaintiff may motion
to serve the corporation by publication. . . . Both
[of] these parties are well aware of this
litigation and have not been prejudiced by the
delay in service.
(JSR 3:16-21.)
In light of Plaintiff’s referenced representations, Plaintiff
is granted an extension under Federal Rule of Civil Procedure (“Rule”)
4(m) to effectuate service on Defendants Brian Dubinsky and AquaWood,
LLC until and including October 29, 2012. Plaintiff is notified under
Rule 4(m) that failure to serve these defendants with process by October
29, 2012, may result in the unserved defendant’s dismissal for failure
of service and/or prosecution. To avoid dismissal, on or before October
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31, 2012, Plaintiff shall file proof of service or a filing providing

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sufficient explanation why service was not completed within the extended

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service period.

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Further, the Status (Pretrial Scheduling) Conference scheduled

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for hearing on September 17, 2012, is continued to December 10, 2012, at

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9:00 a.m. A further joint status report shall be filed no later than

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fourteen (14) days prior.

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IT IS SO ORDERED.
Dated:

September 12, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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