UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 5, 2009
SCOTT N. JOHNSON, PLAINTIFF,
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's Request and Proposed Order Re Request for Continuance of Status Conference ("Proposed Order") filed April 23, 2009, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference set for May 11, 2009, is continued to June 29, 2009, at 9:00 a.m. A further joint status report shall be filed no later than (14 days prior).*fn1
Plaintiff's Proposed Order states that the "Plaintiff's process server has been unable to locate the remaining Defendants." Plaintiff is notified under Rule 4(m) of the Federal Rules of Civil Procedure that any defendant not served with process within the 120 day period prescribed in that Rule will be dismissed as a defendant in this action unless Plaintiff provides proof of service and/or "shows good cause for the failure" to serve within this prescribed period. Since the 120-day period has elapsed, Plaintiff shall provide proof of service and/or "good cause" for the failure in a filing due no later than 4:00 p.m. on May 7, 2009.