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Amodo v. Homeq Servicing Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 28, 2010

REYNALDO T. AMODO, PLAINTIFF,
v.
HOMEQ SERVICING CORP., ET AL., DEFENDANTS.

ORDER SETTING STATUS (PRETRIAL SCHEDULING) CONFERENCE

Plaintiff, proceeding pro se, has filed a complaint concerning the foreclosure of his home. Plaintiff paid the required filing fee, and the Clerk has issued summons. By order filed January 22, 2010, plaintiff's motion for TRO was denied. The action has been referred to the undersigned pursuant to Local Rule 302(c)(21) for all purposes encompassed by that rule.*fn1

Pursuant to the provisions of Rule 16 of the Federal Rules of Civil Procedure, IT IS ORDERED that:

1. A Status (Pretrial Scheduling) Conference is set for Friday, May 21, 2010, at 11:00 a.m., in Courtroom No. 27, before the undersigned.

2. Rule 4(m) of the Federal Rules of Civil Procedure provides that an action may be dismissed against any defendant on whom service of process has not been completed within 120 days from the date the complaint was filed. In order to ensure compliance with the 120-day time limits specified in Rules 4(m) and 16(b), plaintiff is strongly encouraged to complete service of process on each defendant within 90 days of the date of filing his complaint.

3. Concurrently with service of process on the defendants, or as soon thereafter as possible, plaintiff shall serve upon the defendants and UPON ALL PARTIES SUBSEQUENTLY JOINED, INCLUDING IMPLEADED THIRD-PARTY DEFENDANTS, a copy of this order, and plaintiff shall promptly file with the Clerk of the Court a certificate reflecting proper service of this order on each defendant.

4. Plaintiff shall also serve on each defendant a copy of the Notice of Availability of Magistrate Judge and a copy of the consent form issued to plaintiff by the Clerk on January 22, 2010.

5. Each party shall appear at the Status Conference by counsel or, if proceeding in propria persona, on his own behalf. Any party may appear at the status conference telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128, no later than 48 hours before the Status (Pretrial Scheduling) Conference.

6. Plaintiff shall file and serve a status report on or before May 7, 2010, and the defendants shall file and serve status reports on or before May 14, 2010.

7. Each party's status report shall address all of the following matters:

a. Progress of service of process;

b. Possible joinder of additional parties;

c. Any expected or desired amendment of the pleadings;

d. Jurisdiction and venue;

e. Anticipated motions and the scheduling thereof;

f. Anticipated discovery and the scheduling thereof, including disclosure of expert witnesses;

g. Future proceedings, including the setting of appropriate cut-off dates for discovery and for law and motion, and the scheduling of a final pretrial conference and trial;

h. Modification of standard pretrial procedures specified by the rules due to the relative simplicity or complexity of the action;

i. Whether the case is related to any other case, including matters in bankruptcy;

j. Whether the parties will stipulate to the assigned magistrate judge acting as settlement judge, waiving any disqualification by virtue of his so acting, or whether they prefer to have a Settlement Conference before another magistrate judge;

k. Whether the parties intend to consent to proceed before a United States Magistrate Judge; and

l. Any other matters that may aid in the just and expeditious disposition of this action.

8. Plaintiff is cautioned that failure to file a timely status report or failure to appear at the status conference may result in a recommendation that this case be dismissed for lack of prosecution and as a sanction for failure to comply with court orders and applicable rules. See Local Rules 110 and 183.


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