UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 12, 2010
J&J SPORTS PRODUCTIONS, INC., PLAINTIFF,
CAL CITY POST NO. 476, THE AMERICAN LEGION, DEPARTMENT OF CALIFORNIA, DEFENDANTS.
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER CONTINUING SCHEDULING CONFERENCE (Doc. 7)
Before the Court is the request of the Plaintiff to continue the scheduling conference, currently set on August 25, 2010, for 30 days. (Doc. 7) In support, Plaintiff asserts that despite "diligent attempts" to serve the defendant, it has been unable to do so.*fn1
On April 30, 2010, the Court issued its "Order Setting Mandatory Scheduling Conference." That Order set forth the obligations of counsel related to the Scheduling Conference. The Order reads,
"The Court is unable to conduct a scheduling conference until defendants have been served with the summons and complaint. Accordingly, plaintiff(s) shall diligently pursue service of summons and complaint and dismiss those defendants against whom plaintiff(s) will not pursue claims."
(Doc. 4 at 1) Because the Court cannot conduct a scheduling conference until the defendant has been served, the Court has no choice but to continue the conference.
Therefore the Court ORDERS
1. The Scheduling Conference currently set on August 25, 2010, will be continued to October 7, 2010 at 9:00 a.m.;
2. Plaintiff is ordered to serve a copy of this Order on the defendant.
IT IS SO ORDERED.