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Estate of Nathan Prasad, Deceased, By and Through v. County of Sutter; J. Paul Parker

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


June 5, 2012

ESTATE OF NATHAN PRASAD, DECEASED, BY AND THROUGH
MARY PRASAD; MARY PRASAD; T.P., A MINOR; AND A.P., A MINOR,
PLAINTIFF,
v.
COUNTY OF SUTTER; J. PAUL PARKER, SUTTER COUNTY SHERIFF'S DEPARTMENT SHERIFF; DAVID SAMSON, SUTTER COUNTY JAIL DIVISION COMMANDER; NORMAN BIDWELL, SUTTER COUNTY JAIL CORRECTIONS LIEUTENANT; LOU ANNE CUMMINGS, SUTTER COUNTY HEALTH OFFICER; AMERJIT BHATTAL, SUTTER COUNTY ASSISTANT DIRECTOR OF HUMAN SERVICES -- HEALTH DIVISION; BRENT GARBETT, SUTTER COUNTY JAIL NURSE PROGRAM MANAGER; DORIS BROWN, SUTTER COUNTY JAIL ADVANCED REGISTERED NURSE PRACTITIONER; MELODY YOUNG, SUTTER COUNTY JAIL LICENSED VOCATIONAL NURSE; BALJINDER RAI, SUTTER COUNTY JAIL DEPUTY OFFICER; SHANE DICKSON, SUTTER COUNTY JAIL DEPUTY OFFICER; UNKNOWN JAIL EMPLOYEE I; FREMONT-RIDEOUT HEALTH GROUP; MICHAEL FRATERS, D.O.; AND DOES I THROUGH LX,,
DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

GUARDIAN AD LITEM, and ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE, REQUIRING INFORMATION ON MINORS' FED. R. CIV. P. 4(M) NOTICE

The Joint Status Report filed May 25, 2012, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference scheduled for hearing on June 11, 2012, is continued to August 20, 2012, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference.

Further, Plaintiffs are notified under Rule 4(m) of the Federal Rules of Civil Procedure that failure to serve Defendants Lou Anne Cummings, Amerjit Bhattal, and Brent Garbett with process within the 120 day period prescribed in that Rule may result in the unserved defendants being dismissed. To avoid dismissal, on or before September 10, 2012, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period.

Lastly, no later than August 6, 2012, counsel for the minor plaintiffs shall "present (1) appropriate evidence of the appointment of a representative for the minor . . . under state law[,] or (2) [file] a motion for the appointment of a guardian ad litem by the Court in accordance with Local Rule 202(a).

IT IS SO ORDERED.

20120605

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