UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 8, 2009
MELISSA KREISS, PLAINTIFF,
FALZONE ASSOCIATES, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE and FED. R. CIV. P. 4(m) NOTICE
Plaintiff's Status Report filed April 24, 2009, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference set for May 11, 2009, is rescheduled to commence at 9:00 a.m. on June 29, 2009. A further joint status report shall be filed no later than 14 days prior to the status conference.*fn1
Further, if Defendant Falzone Associates is not served with process in this action on or before June 10, 2009, this Defendant may be dismissed without prejudice under Fed. R. Civ. P. 4(m). To avoid dismissal, a proof of service shall be filed no later than June 11, 2009.
If Plaintiff believes she has good cause to justify extension of Rule 4(m)'s 120-day service period, she shall file a declaration in which this is shown no later than June 11, 2009.
IT IS SO ORDERED.