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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES of the
LEGAL DEFENSE FUND of the
PEACE OFFICERS RESEARCH
ASSOCIATION OF CALIFORNIA
(PORAC), an ERISA trust,

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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.

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On

July

2,

2014,

Plaintiff

filed

an

Ex

Parte

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Application for Order Continuing Scheduling Conference in which

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it requests the Status Conference be continued until October 13,

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2014. (Pl.’s Ex Parte Appl. 1:21-25, ECF No. 5.) Plaintiff states
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in its Ex Parte Application, in relevant part:

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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.

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Id. at 3:3-18.

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In light of these representations, Plaintiff is granted

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an extension under Federal Rule of Civil Procedure (“Rule”) 4(m)

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to

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September 5, 2014. Plaintiff is notified under Rule 4(m) that

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failure to serve each Defendant with process by September 5,

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2014, may result in any unserved defendant’s dismissal or the

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action’s dismissal for failure of service and/or prosecution. To

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avoid dismissal, on or before September 8, 2014, Plaintiff shall

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file proof of service for each Defendant or a filing providing

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sufficient explanation why service was not completed within the

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extended service period.

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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
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27, 2014, at 9:00 a.m. A joint status report shall be filed no

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later than fourteen (14) days prior.

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Dated:

July 11, 2014

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