Mitchell et al v. Culver et al

Filing 9

ORDER continuing Status (Pretiral Scheduling) Conference signed by Judge Garland E. Burrell, Jr. on 5/29/2015. In light of plaintiffs' service representations, plaintiffs are GRANTED further extension under Federal Rule of Civil Procedure (" ;Rule") 4(m) to effectuate service on each defendant until and including 6/5/2015. Plaintiffs are notified under Rule 4(m) that failure to serve each defendant with process by 6/5/2015 may result in unserved defendant(s) and/or this action' s dismissal for failure of service and/or prosecution. To avoid dismissal, on or before 6/8/2015, plaintiffs shall file Proof of Service or a filing providing sufficient explanation why service was not completed within extended service period. Further, Status Conference is RE-SCHEDULED for 8/17/2015 at 9:00 AM in Courtroom 10 (GEB). Joint Status Report shall be filed no later than 14 days prior. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACK MITCHELL, JR.; AND MARJA
MITCHELL,
Plaintiffs,

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v.

No.

2:15-cv-00058-GEB-CMK

ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P. 4(M)
NOTICE

STEVEN CULVER., individually
and as a Federal Ranger;
BRIAN J.DENSMORE,
individually and as a Federal
Ranger,
Defendants.

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Plaintiffs state in the Status Report (“SR”) filed May

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22, 2015:
Status of Service Upon All Defendants:
There are two Defendants in this matter, both
of whom are law enforcement officers with the
National Park service. At the time of the
incidents complained of both officers were
stationed in Shasta County employed at
Whiskeytown National Recreation area.
Steven Culver: Subsequently, Defendant Steven
Culver has been transferred to Ely, NV in an
extremely remote area. The only process
server available is the local sheriff who
places a last priority on civil service. The
documents are in the possession of the local
sheriff and Plaintiffs expect service within
a short period of time.
Brian Densmore: Defendant Steven Culver has
been transferred to Olympic National Park in
an extremely remote area of the Olympic
Peninsula, in Washington State. The only
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process server available is the local sheriff
who places a last priority on civil service.
The documents are in the possession of the
local sheriff and Plaintiffs expect service
within a short period of time.

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. . . .

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. . . Plaintiff[s] believe[] . . .
service of process . . . will be acomplished
[sic] within the next 14 days.

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(SR 1:21-2:6, 2:24-3:1, ECF No. 8.)
In

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light

of

Plaintiffs’

service

representations,

Plaintiffs are granted a further extension under Federal Rule of

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Civil

Procedure

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Defendant

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notified under Rule 4(m) that failure to serve each Defendant

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with

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Defendant(s)

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service and/or prosecution. To avoid dismissal, on or before June

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8, 2015, Plaintiffs shall file proof of service or a filing

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providing sufficient explanation why service was not completed

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within the extended service period.

until

process

(“Rule”)
and

by

Further,

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to

including

June

and/or

4(m)

5,

this

the

effectuate

June

2015,

may

action’s

Status

5,

2015.

result

dismissal

(Pretrial

service

on

Plaintiffs

in

the

for

Scheduling)

each
are

unserved

failure

of

Conference

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scheduled for hearing on June 8, 2015, is continued to August 17,

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2015, at 9:00 a.m. A joint status report shall be filed no later

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than fourteen (14) days prior.

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Dated:

May 29, 2015

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