UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 18, 2009
SCOTT JOHNSON, PLAINTIFF,
VICTOR LEONARDINI, TRUSTEE, 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 filed a Status Report on August 10, 2009, in which he indicates this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference scheduled on August 24, 2009, is continued to October 19, 2009, at 9:00 a.m. A further joint status report shall be filed no later than fourteen days prior to the hearing.*fn1
Further, 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 in a filing due no later than 4:00 p.m. on October 5, 2009.
IT IS SO ORDERED.