Samuelian v. INS , U.S. Treasury et al

Filing 42

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/19 CONTINUING Status Conference from 3/20/19 to 5/22/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. By no later than 4/19/19, Plaintiff shall serve defenda nts with a copy of the summons, complaint, and the court's 7/31/18 order 7 , and file with the court proofs of service demonstrating that defendants were properly served. By no later than 5/8/19, the parties shall file status reports (or a joint status report) setting forth the matters referenced in the court's 7/31/18 order, including the status of service of process.(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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SANDRA C. SAMUELIAN,

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Plaintiff,

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No. 2:18-cv-995-JAM-EFB PS

v.

ORDER

U.S. TREASURY, et al.,

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Defendants.

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On July 31, 2019, the court issued an order which, among other things, set a status

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(pretrial scheduling) conference for January 9, 2019, directed plaintiff to complete service of

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process within 90 days, to serve a copy of the order concurrently with service of process, and

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directed the parties to file status reports within fourteen days of the scheduling conference. ECF

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No. 7.

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Plaintiff did not timely file a status report, nor did she file proofs of service demonstrating

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that defendants were properly served.1 See Fed. R. Civ. P. 4(l) (requiring that proof of service be

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made to the court). Accordingly, the scheduling conference was continued to March 20, 2019,

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and plaintiff was directed to show cause why this action and/or any unserved defendants should

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not be dismissed for failure to effect service of process within the time prescribed by Rule 4(m)

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To date, none of the defendants have appeared in this action.
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and/or failure to comply with court orders. ECF No. 35. Plaintiff was also ordered to file, by no

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later than March 6, 2019, a status report setting forth the matters referenced in the court’s July 31,

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2018 order, including the status of service of process. Id. at 2. Plaintiff was cautioned that failure

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to comply with the order would result in a recommendation that this action be dismissed. Id.

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In response, plaintiff filed a document stating, “I accept status conference hearing” on

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March 20, 2019. ECF No. 37. Plaintiff has also filed several documents that are unrelated to the

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question of whether she has completed service of process. Those filings include tax related

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documents which she presumably believes are relevant to her claim(s), as well as several civil

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cover sheets indicating that this action concerns an alleged violation of her civil rights. ECF Nos.

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36, 38-41. But plaintiff still has not demonstrated that defendants were properly served, nor has

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she shown cause for why this action should not be dismissed for failure to timely effect service of

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process. Accordingly, it appears that plaintiff has not yet served the defendants.

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Given plaintiff’s pro se status, the court will afford her one final opportunity to complete

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service of process and file the requisite proofs of service with the court. Plaintiff is again

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admonished that she must serve the United States Department of the Treasury in the manner

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prescribed by Federal Rule of Civil Procedure 4(i), and the remaining defendants in the manner

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set forth in Rule 4(j).

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Accordingly, it is hereby ORDERED that:

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1. The scheduling conference currently set for March 20, 2019, is continued to May 22,

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2019, at 10:00 a.m. in Courtroom No. 8.

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2. By no later than April 19, 2019, plaintiff shall serve defendants with a copy of the

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summons, complaint, and the court’s July 31, 2018 order (ECF No. 7), and file with the court

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proofs of service demonstrating that defendants were properly served.

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3. By no later than May 8, 2019, the parties shall file status reports (or a joint status

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report) setting forth the matters referenced in the court’s July 31, 2018 order, including the status

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of service of process.

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4. Failure of plaintiff to comply with this order will result in a recommendation that this

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action be dismissed for failure to effect services of process, comply with court orders, and/or for

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lack of prosecution under Rule 41(b).

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DATED: March 19, 2019.

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