UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 9, 2009
UNITED STATES OF AMERICA, FOR THE USE OF OLDCASTLE GLASS, INC., PLAINTIFF,
ARCH INSURANCE COMPANY; JMR CONSTRUCTION CORP., A CORPORATION D/B/A JMR CONSTRUCTION; AND HANSON GLASS & MIRROR CO., INC., 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
The parties' Joint Status Report filed on March 20, 2009, reveals this case is not ready to be scheduled. 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 14 days prior to the May 11, 2009 hearing date.*fn1
Further, if service of process has not been completed on or before April 22, 2009, Plaintiff shall show cause in a filing by April 23, 2009, why any unserved Defendant should not be dismissed without prejudice for Plaintiff's failure to serve pursuant to Rule 4(m)'s 120-day time service period.
If Plaintiff believes it has good cause justifying extension of Rule 4(m)'s 120-day service period for any unserved Defendant, Plaintiff shall file a declaration in which "good cause" is shown no later than April 23, 2009.
IT IS SO ORDERED.