Khan v. U.S. Bank National Association et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/11/2014 DIRECTING the Clerk of Court to issue and send to the plaintiff one summons for each defendant named in the 9 First Amended Complaint; ORDERING the plaintiff to complete service of pr ocess on said defendants within 120 days; CAUTIONING the plaintiff that this action may be dismissed pursuant to F.R.Cv.P. Rule 4(m) if service of process is not accomplished within 120 days; ORDERING the plaintiff to serve a copy of this order, a co py of the form "Consent to Proceed Before United States Magistrate Judge" and 17 Order concurrently with service of process and to file with the Clerk a certificate of such service; SETTING a Status (Pretrial Scheduling) Conference for 11 /19/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; ORDERING the parties to file a status report fourteen (14) days prior to the Status Conference; DIRECTING the Clerk of Court to send to the plaintiff copies of the form "Consent to Proceed Before United States Magistrate Judge. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KHALID KHAN,

12

Plaintiff,

13
14
15

No. 2:13-cv-2596 KJM CKD PS

v.

ORDER

U.S. BANK NATIONAL ASSOCIATION,
et al.,
Defendants.

16
17
18

By order filed June 5, 2014, this matter was reopened and referred to the undersigned for

19

further proceedings. This matter is proceeding on the first amended complaint filed on February

20

10, 2014. Pursuant to the provisions of Federal Rule of Civil Procedure 16 and Local Rule 240,

21

IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to issue and send plaintiff one summons for each

22
23

defendant named in the amended complaint. Plaintiff shall complete service of process on

24

defendants named in the amended complaint within 120 days. Plaintiff is cautioned that this

25

action may be dismissed if service of process is not accomplished within 120 days from the date

26

of this order.1 See Fed. R. Civ. P. 4(m).

27
28

1

This action was filed December 16, 2013. The undersigned recommended dismissal for lack of
subject matter jurisdiction on January 6, 2014. The District Judge adopted the findings and
1

1

2. Plaintiff shall serve a copy of this order and a copy of the form “Consent to Proceed

2

Before United States Magistrate Judge” concurrently with service of process, and file with the

3

Clerk a certificate of such service. In addition, concurrent with service of process, plaintiff shall

4

serve on defendants a copy of the order filed June 5, 2014 (ECF No. 17).2

5

3. Failure to comply with the Federal Rules of Civil Procedure or Local Rules of Practice

6

for the United States District Court, Eastern District of California, or orders of this court, may

7

result in dismissal of this action. Even parties without counsel will be expected to comply with

8

the procedural rules.

9

4. A Status (Pretrial Scheduling) Conference is set for November 19, 2014 at 10:00 a.m.

10

in courtroom no. 24 before the undersigned. All parties shall appear by counsel or in person if

11

acting without counsel.

12
13

5. Not later than fourteen (14) days prior to the Status Conference, the parties shall file
status reports addressing the following matters:

14

a. Service of process;

15

b. Possible joinder of additional parties;

16

c. Any expected or desired amendment of the pleadings;

17

d. Jurisdiction and venue;

18

e. Anticipated motions and their scheduling;

19

f. The report required by Federal Rule of Civil Procedure 26

20

outlining the proposed discovery plan and its scheduling, including

21

disclosure of expert witnesses;

22

/////

23
24
25
26
27
28

recommendations and the case was closed on April 1, 2014. Because of this procedural history,
the court is allowing an additional time period of 120 days from the date of this order to complete
service of process.
2
The June 5, 2014 order directs defendant U.S. Bank N.A. to file its articles of association with
the court within seven days of the date of the order. Because defendant U.S. Bank N.A. has not
yet been served with process and has yet to appear in this action, the order was not served on
defendant. Its failure to timely comply with the District Judge’s order is therefore excused.
Defendant U.S. Bank N.A. shall comply with the June 5, 2014 order within seven days of
properly being served with said order.
2

1

g. Future proceedings, including setting appropriate cut-off dates for

2

discovery and law and motion, and the scheduling of a pretrial

3

conference and trial;

4

h. Special procedures, if any;

5

i. Estimated trial time;

6

j. Modification of standard pretrial procedures specified by the rules

7
8
9

due to the simplicity or complexity of the proceedings;
k. Whether the case is related to any other cases, including
bankruptcy;

10

l. Whether a settlement conference should be scheduled;

11

m. Whether counsel will stipulate to the magistrate judge assigned to

12

this matter acting as settlement judge and waiving disqualification by virtue of her so

13

acting, or whether they prefer to have a settlement conference before another judge;

14

n. Any other matters that may add to the just and expeditious

15

disposition of this matter.

16

6. Plaintiff and counsel are reminded of their continuing duty to notify chambers

17

immediately of any settlement or other disposition (see Local Rule 160). In addition, the parties

18

are cautioned that pursuant to Local Rule 230(c), opposition to the granting of a motion must be

19

filed fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party

20

will be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

21

motion has not been timely filed by that party.” Moreover, Local Rule 230(i) provides that

22

failure to appear may be deemed withdrawal of opposition to the motion or may result in

23

sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

24

grounds for imposition of any and all sanctions authorized by statute or Rule or within the

25

inherent power of the Court.”

26

7. The parties are informed that they may, if all consent, have this case tried by a United

27

States Magistrate Judge while preserving their right to appeal to the Ninth Circuit Court of

28

Appeals. See 28 U.S.C. § 636(c). The form for consent to trial by a magistrate judge is attached.
3

1
2

Any party choosing to consent may complete the form and return it to the Clerk of the Court.
8. The Clerk of the Court is directed to send plaintiff copies (one for each defendant plus

3

one for the plaintiff) of the form, “Consent to Proceed Before United States Magistrate Judge,”

4

with this order.

5

Dated: June 11, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10

4 khan.cuo.statset

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4