J & J Sports Productions, Inc. v. Garrucho

Filing 9

ORDER signed by Judge Garland E. Burrell, Jr. on 7/13/2015 CONTINUING the Status (Pretrial Scheduling) Conference to 11/23/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourt een (14) days prior to the Status (Pretrial Scheduling) Conference; NOTIFYING Cross Claimant Gilbert Carrucho that a failure to serve Cross Defendants Riza Icmat, Rene Abeleda, and Noel Deloso with process within the 120 day period prescribed by F.R. Cv.P. Rule 4(m) may result in the unserved party(ies) and/or the 7 Third Party Complaint being dismissed; ORDERING Cross Claimant Gilbert Carrucho to file a proof of service for the cross defendants or a sufficient explanation why service was not completed within F.R.Cv.P. Rule 4(m)'s prescribed service period by 11/6/2015, to avoid dismissal. (Michel, G.)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 J & J SPORTS PRODUCTIONS, INC., Plaintiff, 10 11 12 13 14 v. GILBERT GARRUCHO, individually and d/b/a SARI SARI BUFFET A/K/A SARI SARI FILIPINO RESTAURANT, No. 2:15-cv-00765-GEB-DAD ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(M) NOTICE Defendant. 15 16 17 AND RELATED THIRD-PARTY COMPLAINT FOR INDEMNITY & CONTRIBUTION 18 19 This case is not ready to be scheduled. Therefore, the 20 Status (Pretrial Scheduling) Conference scheduled for hearing on 21 July 20, 2015, is continued to November 23, 2015, at 9:00 a.m. A 22 further joint status report shall be filed no later than fourteen 23 (14) days prior to the Status Conference. 24 Further, Gilbert Carrucho is notified under Rule 4(m) 25 of the Federal Rules of Civil Procedure that failure to serve 26 Riza Icmat, Rene Abeleda, and Noel Deloso with process within the 27 120 day period prescribed in that Rule may result in the unserved 28 1 1 party(ies) and/or the third party complaint1, (ECF No. 7), being 2 dismissed. To avoid dismissal, on or before November 6, 2015, 3 Gilbert Carrucho shall file proof of service for these parties or 4 a sufficient explanation why service was not completed within 5 Rule 4(m)’s prescribed service period. 6 7 IT IS SO ORDERED. Dated: July 13, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 This document Indemnity.” was titled “Cross-Complaint 2 for Contribution and

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