R.T, et al v. City of Stockton et al

Filing 7

ORDER signed by Judge Garland E. Burrell, Jr. on 5/1/2015 ORDERING Status Pretrial Scheduling Conference CONTINUED to 8/31/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; a joint status report shall be filed no later than 14 days prior to the Status Conference; to avoid dismissal of Defendants City of Stockton, Eric Jones, John Griffin, and/or Jason Schaffer, on or before 6/26/2015, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not completed within Rule 4(m)s prescribed service period; further, to avoid dismissal of Defendants Thomas Heslin and/or James Manor, on or before 8/28/2015, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not completed within Rule 4(m)'s prescribed service period. (Reader, L)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8
9
10
11
12

R.T., a minor, by and through
her guardian ad litem
PENEUILA NUU, individually
and as successor-in-interest
to Decedent MATAUTU NUU;
PENEUILA NUU; MATAUAO NUU;
KARISIMASI NUU; K.O., a
minor, by and through her
guardian ad litem, DANIEL
OJEDA,

15
16
17
18
19
20
21
22
23
24
25
26
27

2:15-cv-00430-GEB-KJN

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

Plaintiffs,

13
14

No.

v.
CITY OF STOCKTON, a municipal
corporation; ERIC JONES,
individually and in his
official capacity as Chief of
Police for the CITY OF
STOCKTON; JOHN GRIFFIN,
individually and in his
official capacity as a police
officer for the CITY OF
STOCKTON; JASON SCHAFFER,
individually and in his
official capacity as a police
officer for the CITY OF
STOCKTON; THOMAS HESLIN,
individually and in his
official capacity as a police
officer for the CITY OF
STOCKTON, JAMES MANOR,
individually and in his
official capacity as a police
officer for the CITY OF
STOCKTON and, Stockton police
officers DOES 1-25,
inclusive,
Defendants.

28
1

1

The Status (Pretrial Scheduling) Conference scheduled

2

for hearing on May 18, 2015, is continued to August 31, 2015, at

3

9:00 a.m. A joint status report shall be filed no later than

4

fourteen (14) days prior to the Status Conference.

5

Further, Plaintiffs are notified under Rule 4(m) of the

6

Federal

Rules

of

Civil

Procedure

that

failure

to

serve

each

7

defendant with process within the 120 day period prescribed in

8

that Rule may result in the unserved defendant(s) and/or this

9

action being dismissed.

10

To avoid dismissal of Defendants City of Stockton, Eric

11

Jones, John Griffin, and/or Jason Schaffer, on or before June 26,

12

2015, Plaintiffs shall file proof of service for these defendants

13

or a sufficient explanation why service was not completed within

14

Rule 4(m)’s prescribed service period.

15

Further, to avoid dismissal of Defendants Thomas Heslin

16

and/or James Manor, on or before August 28, 2015, Plaintiffs

17

shall file proof of service for these defendants or a sufficient

18

explanation

19

prescribed service period.

20
21

why

service

was

not

IT IS SO ORDERED.
Dated:

May 1, 2015

22
23
24
25
26
27
28
2

completed

within

Rule

4(m)’s