Fetter v. Bonner, et al.,

Filing 22

ORDER signed by Judge Garland E. Burrell, Jr on 4/18/13 GRANTING plaintiff an extension to effectuate service on defendant California Forensics Medical Group until and including 4/25/13; CONTINUING Status Conference to 6/24/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. and DISMISSING remaining Doe defendants. (Meuleman, A)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 GEORGE FETTER, Plaintiff, 8 v. 9 10 11 12 13 14 PLACER COUNTY SHERIFF, EDWARD N. BONNER, individually and in his Official Capacity; COUNTY OF PLACER; CALIFORNIA FORENSICS MEDICAL GROUP (CFMG); and PLACER COUNTY SHERIFF DEPARTMENT, Defendants.* ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-02235-GEB-EFB ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(M) NOTICE 15 Plaintiff indicates in the Joint Status Report filed April 15, 16 2013 (“JSR”), that Defendant California Forensics Medical Group has not 17 yet been served and that Plaintiff “expect[s] service by April 25, 18 2013.” (JSR 21:5, ECF No. 21.) 19 Plaintiff is granted an extension under Federal Rule of Civil 20 Procedure (“Rule”) 4(m) to effectuate service on Defendant California 21 Forensics Medical Group until and including April 25, 2013. Plaintiff is 22 notified under Rule 4(m) that failure to serve this defendant with 23 process on or before April 25, 2013, may result in that defendant’s 24 dismissal for failure of service and/or prosecution. To avoid dismissal, 25 on or before April 26, 2013, Plaintiff shall file proof of service or a 26 27 28 * The caption has been dismissal of doe defendants. amended 1 according to this order’s 1 filing providing sufficient explanation why service was not completed 2 within the extended service period. 3 Further, the Status (Pretrial Scheduling) Conference scheduled 4 for hearing on April 29, 2013, is continued to June 24, 2013, at 9:00 5 a.m. A joint status report shall be filed no later than fourteen (14) 6 days prior. 7 Also, since Plaintiff has not justified Doe defendants 8 remaining in this action, Does 1-20 are dismissed. See Order Setting 9 Status (Pretrial Scheduling) Conference filed August 28, 2012, at 2 n.2 10 (indicating that if justification for “Doe” defendant allegations not 11 provided Doe defendants would be dismissed). 12 13 IT IS SO ORDERED. Dated: April 18, 2013 14 15 16 GARLAND E. BURRELL, JR. Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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