Keppler et al v. Bank of New York Mellon

Filing 4

ORDER signed by Magistrate Judge Deborah Barnes on 1/22/18 ORDERING that A Status (Pretrial Scheduling Conference) is SET for Friday 3/9/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiffs shall file and serve a status report on or before 2/23/2018, and defendants shall file and serve status reports on or before 3/2/2018. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES KEPPLER and KIFUMI
KEPPLER,

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Plaintiffs,

No. 2:17-cv-2232 MCE DB PS

ORDER

v.
THE BANK OF NEW YORK MELLON,
et al.,

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Defendants.

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Plaintiffs James Keppler and Kifumi Keppler, proceeding pro se, commenced this action

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on October 25, 2017, by filing a complaint and paying the required filing fee. The Clerk has

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issued summons and the case has been referred to the undersigned pursuant to Local Rule

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302(c)(21).

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Good cause appearing, IT IS ORDERED that:

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1. A Status (Pretrial Scheduling) Conference is set for Friday, March 9, 2018, at 10:00

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a.m. at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No.

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27 before the undersigned;

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2. Within fourteen (14) days after plaintiffs are served with this order, plaintiffs shall
serve upon each defendant one copy of this order, as well as a copy of the Notice of Availability
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of a Magistrate Judge and the related form that were served on plaintiff by the Clerk on October

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25, 2017; within five (5) days after serving the required copies on the defendants, plaintiffs shall

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file a certificate of service indicating the date and manner of service of the copies on each

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defendant;

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3. All parties are required to appear at the Status Conference, either by counsel or, if

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proceeding in propria persona, on his or her own behalf. Any party may appear at the status

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conference telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the

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courtroom deputy of the undersigned magistrate judge, at [phone], no later than 48 hours

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before the Status (Pretrial Scheduling) Conference; a party may not appear telephonically over a

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cellphone.

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4. Plaintiffs shall file and serve a status report on or before February 23, 2018, and

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defendants shall file and serve status reports on or before March 2, 2018. Each party’s status

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report shall address all of the following matters:

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a.

Progress of service of process;

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b.

Possible joinder of additional parties;

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c.

Possible amendment of the pleadings;

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d.

Jurisdiction and venue;

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e.

Anticipated motions and the scheduling thereof;

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f.

Anticipated discovery and the scheduling thereof, including
disclosure of expert witnesses;

g.

Future proceedings, including the setting of appropriate cut-off
dates for discovery and for law and motion, and the scheduling of a
final pretrial conference and trial;

h.

Modification of standard pretrial procedures specified by the rules
due to the relative simplicity or complexity of the action;

i.

Whether the case is related to any other case, including matters in
bankruptcy;

j.

Whether the parties will stipulate to the magistrate judge assigned
to this matter acting as settlement judge, waiving any
disqualification by virtue of his so acting, or whether they prefer to
have a Settlement Conference before another magistrate judge;

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////
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k.

Whether the parties intend to consent to proceed before a United
States Magistrate Judge; and

l.

Any other matters that may aid in the just and expeditious
disposition of this action.

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5. Plaintiffs are advised that failure to file a timely status report, or failure to appear at the

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status conference either in person or telephonically, may result in a recommendation that this

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action be dismissed for lack of prosecution and as a sanction for failure to comply with court

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orders and applicable rules. See Local Rules 110 and 183; and
6. Plaintiffs are cautioned that Rule 4(m) of the Federal Rules of Civil Procedure provides

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that a defendant must be dismissed if service of the summons and complaint is not accomplished

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on the defendant within 90 days after the complaint was filed.1

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Dated: January 22, 2018

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DLB:6
DB/orders/orders.pro se/keppler2232.ossc

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However, the court may extend the time for service upon a showing a good cause.
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