UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 10, 2008
J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
ALFREDO JUAREZ, D/B/A MEXICO CITY RESTAURANT; ARTURO MORALES JUAREZ, D/B/A MEXICO CITY RESTAURANT, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(m) NOTICE
Plaintiff failed to file a timely status report required by the Order filed May 23, 2008, and after the due date for that status report, Plaintiff filed a request for continuance of the status conference scheduled for hearing on September 15, 2008. Therefore, the Status (Pretrial Scheduling) Conference set for September 15, 2008, is continued to October 27, 2008, at 9:00 a.m. A further joint status report shall be filed no later than (14 days prior).
Plaintiff is hereby notified that this action may be dismissed without prejudice under Fed. R. Civ. P. 4(m) if Defendants Alfredo Juarez and Arturo Morales Juarez are not served by September 22, 2008. To avoid dismissal, a proof of service shall be filed for both Defendants Alfredo and Arturo Juarez no later than September 22, 2008.
If Plaintiff believes it has good cause to justify extension of Rule 4(m)'s 120-day service period for the Defendants, it shall file a declaration no later than September 22, 2008, showing "good cause" why this action should not be dismissed without prejudice.
IT IS SO ORDERED.
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