McCulley v. City of Bozeman Police Department et al

Filing 7

ORDER Granting in part 6 Unopposed MOTION to extend time for preliminary pretrial conferenceUnopposed MOTION to extend time for service filed by Mary Ann McCulley, Order Vacating September 29, 2014 pretrial conference, PRELIMINARY PRETR IAL CONFERENCE ORDER(Preliminary Pretrial Statement due by 10/30/2014., Joint Discovery Plan due by 10/30/2014., Statement of Stipulated Facts due by 10/30/2014., Pretrial Conference set for 11/6/2014 at 01:30 PM in Missoula, MT before Magistrate J udge Jeremiah C. Lynch.), Motions terminated: 6 Unopposed MOTION to Alter Judgment to extend time for preliminary pretrial conferenceUnopposed MOTION to Approve Consent Judgment to extend time for service filed by Mary Ann McCulley. Signed by Magistrate Judge Jeremiah C. Lynch on 8/13/2014. (TCL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
MARY ANN McCULLEY,

CV 14–29–BU–DWM-JCL

Plaintiff,
ORDER

vs.
CITY OF BOZEMAN, BOZEMAN
POLICE DEPARTMENT, TODD
WHIPPLE, MARTY LAMBERT,
SERGEANT BENZ, DANA McNEIL,
SHAWN TORESDAHL, and JOHN
DOES 1-10,
Defendants.

Plaintiff Mary Ann McCulley, through counsel making a limited
appearance, moves to extend the deadline for effecting service of process upon the
Defendants named in this case. McCulley informs the Court she was incarcerated
shortly after commencing this action. She requests a 90-day extension for service,
and that the preliminary pretrial conference be set in February, 2015.
Under the circumstances of McCulley’s incarceration, the Court will grant
her motion, but not to the extent requested. McCulley commenced this action on
April 25, 2014, arising from events which occurred in April, 2012. Thus, despite
her present incarceration, McCulley has had ample time to plan and prepare for the
prosecution of this action. The lengthy extension she requests will inappropriately
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further delay resolution of this case.
Therefore, IT IS ORDERED that McCulley’s motion is GRANTED in part.
McCulley shall have until September 29, 2014, to effect service of process and to
file her proof of service as required. McCulley is cautioned that if she does not
effect service and file proof of service by September 29, 2014, the Court will
dismiss this action without prejudice pursuant to Fed. R. Civ. P. 4(m), subject to
her ability to establish good cause for any further delay under Rule 4(m).
IT IS FURTHER ORDERED that the preliminary pretrial conference set for
September 30, 2014, and the pretrial deadlines associated with that conference are
VACATED.
IT IS FURTHER ORDERED that the preliminary pretrial conference is
reset for November 6, 2014, at 1:30 p.m. in the United States Magistrate Judge’s
Courtroom on the first floor of the Russell Smith Courthouse, 201 E. Broadway,
Missoula, Montana. On or before October 23, 2014, McCulley and lead counsel
for the Defendants shall confer to consider the matters listed in Fed. R. Civ. P.
26(f). On or before October 30, 2014, the parties shall jointly file with the Court
a written report outlining the joint discovery plan formulated at their conference,
and on or before October 30, 2014, each party shall file a preliminary pretrial
statement in accordance with L.R. 16.2(b)(1). And on or before October 30,

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2014, Plaintiff shall separately file a Statement of Stipulated Facts to which all
parties agree, pursuant to L.R. 16.2(b)(3).
All other provisions of the April 28, 2014 Order entered in this case shall
remain in effect.
At all times during the pendency of this action, Plaintiffs shall immediately
advise the Court of any change of address and its effective date. Such notice shall
be captioned “NOTICE OF CHANGE OF ADDRESS.” Failure to file a NOTICE
OF CHANGE OF ADDRESS may result in the dismissal of the action for failure
to prosecute pursuant to Fed. R. Civ. P. 41(b).
Plaintiff is also advised that her failure to prosecute this action, to comply
with the Court’s orders, or to comply with the Federal Rules of Civil Procedure
may also result in a recommendation that this case be dismissed with prejudice
pursuant to Fed. R. Civ. P. 41(b). The Court may dismiss this case under Rule
41(b) sua sponte under certain circumstances. See, e.g., Link v. Wabash Railroad
Co., 370 U.S. 626, 633 (1962); Hells Canyon Preservation Council v. United
States Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005).
DATED this 13th day of August, 2014.

Jeremiah C. Lynch
United States Magistrate Judge

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