IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 14, 2011
SCOTT N. JOHNSON,
RUBEL E. MATTHEW, INDIVIDUALLY AND D/B/A PAYLESS SHOE SOURCE 10700 OHIO LTD, A CALIFORNIA LIMITED PARTNERSHIP,
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 2082;
Plaintiff's Status Report filed September 8, 2011 reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference scheduled for hearing on September 19, 2011 is continued to October 31, 2011 at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior.
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 may be dismissed as a defendant. To avoid dismissal, Plaintiff shall file proof of service and/or explain in a filing "good cause for the failure" to serve within Rule 4(m)'s prescribed period no later than 4:00 p.m. on September 23, 2011.
IT IS SO ORDERED.
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