Board of Trustees of the Legal Defense Fund of the Peace Officers Research Association of California v. Lackie, Dammeier, McGill & Ethir, et al.

Filing 6

ORDER signed by Judge Garland E. Burrell, Jr. on 7/11/2014 GRANTING 5 Ex Parte Application for Extension under F.R.Cv.P. Rule 4(m); ORDERING the plaintiff to effectuate service on each defendant by 9/5/2014; NOTIFYING the plaintiff under F.R.Cv.P. Rule 4(m) that the failure to serve each defendant with process by 9/5/2014 may result in the dismissal of any unserved defendant or dismissal of the action for failure of service and/or prosecution; ORDERING the plaintiff to file by 9/8/2014, a proo f of service or a filing providing sufficient explanation why service was not completed; CONTINUING the Status (Pretrial Scheduling) Conference to 10/27/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen (14) days prior to the Status (Pretrial Scheduling) Conference. (Michel, G)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 BOARD OF TRUSTEES of the LEGAL DEFENSE FUND of the PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA (PORAC), an ERISA trust, 12 13 14 15 16 17 18 19 20 21 22 No. 2:14-cv-00862-GEB-KJN ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(M) NOTICE Plaintiff, v. LACKIE, DAMMEIER, MCGILL & ETHIR, an unspecified entity; DIETER C. DAMMEIER, an individual; MICHAEL A. McGILL, an individual; SAKUNTHALA E. ETHIRVEERASINGAM, also known as SAKU E. ETHIR, an individual; PETER J. HORTON, an individual; KASEY L. SIRODY, an individual; CHRISTOPHER L. GASPARD, an individual; KASEY A. CASTILLO, an individual; JOHN H. BAKHIT, an individual; and DOES 1 through 25, inclusive, Defendants. 23 24 25 On July 2, 2014, Plaintiff filed an Ex Parte 26 Application for Order Continuing Scheduling Conference in which 27 it requests the Status Conference be continued until October 13, 28 2014. (Pl.’s Ex Parte Appl. 1:21-25, ECF No. 5.) Plaintiff states 1 1 in its Ex Parte Application, in relevant part: 2 The currently scheduled scheduling conference set for July 21, 2014 should be continued because the parties are close to settlement and have therefore held off on proceeding with this action until such negotiations are concluded. Plaintiff expects to know within the next week or so whether the mediation before the Hon. Dickran Tevrizian has been successful and a complete resolution of this matter achieved. Although shortly after filing this action, Plaintiff sent to the defendants requests to waive service of summons, their deadline to respond to those requests only recently expired. As none of the defendants waived service, Plaintiff will have to personally serve each of them should the pending settlement negotiations be unsuccessful. In any event, none of the defendants has yet been served and none has appeared. A scheduling conference at this time would accordingly be premature and a continuance appropriate to avoid potentially unnecessary court proceedings. 3 4 5 6 7 8 9 10 11 12 13 14 15 Id. at 3:3-18. 16 In light of these representations, Plaintiff is granted 17 an extension under Federal Rule of Civil Procedure (“Rule”) 4(m) 18 to 19 September 5, 2014. Plaintiff is notified under Rule 4(m) that 20 failure to serve each Defendant with process by September 5, 21 2014, may result in any unserved defendant’s dismissal or the 22 action’s dismissal for failure of service and/or prosecution. To 23 avoid dismissal, on or before September 8, 2014, Plaintiff shall 24 file proof of service for each Defendant or a filing providing 25 sufficient explanation why service was not completed within the 26 extended service period. 27 28 effectuate service Further, the on each Status Defendant (Pretrial until and Scheduling) including Conference scheduled for hearing on July 21, 2014, is continued to October 2 1 27, 2014, at 9:00 a.m. A joint status report shall be filed no 2 later than fourteen (14) days prior. 3 Dated: July 11, 2014 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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