Taylor v. 144th Fighter Wing, et .al.

Filing 30

ORDER signed by Senior Judge William B. Shubb on 3/15/2013 continuing the Scheduling Conference to 7/8/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Pursuant to Local Rule 240, theparties shall submit to the court a Joint Status Report fourteen(14) calendar days prior to the hearing date. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NO. CIV. 2:12-2466 WBS DAD

GARY TAYLOR,

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Plaintiff,
ORDER

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v.
144TH FIGHTER WING, CALIFORNIA
AIR NATIONAL GUARD, CALIFORNIA
NATIONAL GUARD, DEFENSE FINANCE
AND ACCOUNTING SERVICES (DFAS),
HARRY M. WYATT III, DAVID S.
BALDWIN, SAMI D. SAID, MARK
GROVES, TERESA MCKAY, and DOES
ONE THROUGH TEN,

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Defendants.
/

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In their Joint Status Report, the parties indicated

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that none of the individual defendants--Wyatt, Baldwin, Said,

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Groves, and McKay--in the above-cited case have been served.

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(Docket No. 28.)

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Federal Rule of Civil Procedure 4(m) provides:

If a defendant is not served within 120 days after the
complaint is filed, the court--on motion or on its own
after notice to the plaintiff--must dismiss the action
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without prejudice against that defendant or order that
service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate
period.

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The 120-day limit imposed by Rule 4(m) expires 120 days
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after the first complaint in which the defendant is named.
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Rudolph v. UT Starcom, Inc., Civ. No. 07-04578 SI, 2009 WL
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248370, at *2 (N.D. Cal. Feb. 2, 2009) (citing Bolden v. City of
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Topeka, 441 F.3d 1129, 1148 (10th Cir. 2006)); City of Merced v.
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Fields, 997 F. Supp. 1326, 1337-39 (E.D. Cal. 1998) (Coyle, J.).
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The individual defendants were named for the first time in this
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action in the First Amended Complaint (“FAC”) filed on January
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29, 2013.

(Docket No. 21.)

Plaintiffs must therefore complete

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service of process on those parties within 120 days after the FAC
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was filed.
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The parties stipulate that the United States waives
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process service of the summons and complaint under Federal Rule
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of Civil Procedure 4(i) upon the United States Attorney, the
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United States Attorney General, and DFAS.

The parties further

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stipulate that the time for response to the FAC by the United
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States, DFAS, and the first two individual defendants to be
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served with the summons and complaint under Rule 4, be extended
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until sixty days after the date of service of the summons and
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complaint upon the third individual defendant to be served with
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process.
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Finally, because the parties have requested that
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initial disclosures, discovery scheduling, and pretrial motion
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scheduling be deferred until all individual defendants are
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served, the scheduling conference in this matter is hereby

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continued until July 8, 2013.

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parties shall submit to the court a Joint Status Report fourteen

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(14) calendar days prior to the hearing date.

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Pursuant to Local Rule 240, the

IT IS SO ORDERED.
DATED: March 15, 2013

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_________________________________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE

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