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Johnson v. Hawthorne

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 26, 2009

SCOTT N. JOHNSON, PLAINTIFF,
v.
CARMEN HAWTHORNE, D/B/A SUNSHINE DAY SPA; JOHN LYDON BYRNE; PATRICK M. BYRNE; PAULINE L. WANNER, 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, Scott N. Johnson, filed a Request and Proposed Order on March 24, 2009, for continuance of the status conference. The request is granted; therefore, the Status (Pretrial Scheduling) Conference set for April 13, 2009, is continued to May 11, 2009, at 9:00 a.m. A further joint status report shall be filed no later than April 27, 2009.*fn1

Plaintiff is hereby notified that Defendants Carmen Hawthorne, John Lydon Byrne, Patrick M. Byrne and Pauline L. Wanner may be dismissed from this action under Fed. R. Civ. P. 4(m), if not served by April 21, 2009. To avoid dismissal, a proof of service shall be filed showing service on those defendants no later than April 22, 2009.

If Plaintiff believes he has good cause justifying extension of Rule 4(m)'s 120-day service period for these defendants, he shall file a declaration in which "good cause" is shown no later than April 22, 2009.

IT IS SO ORDERED.


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