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Angel Lopez Cruz, et al v. El Rancho Farms

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 22, 2013

ANGEL LOPEZ CRUZ, ET AL.,
PLAINTIFFS,
v.
EL RANCHO FARMS, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER CONTINUING SCHEDULING CONFERENCE

On November 28, 2012, Plaintiffs initiated this litigation by filing their complaint for damages. (Doc. 1) The next day, the Court issued summonses to the defendants (Docs. 4, 5) and issued its order setting the scheduling conference. (Doc. 6) This order explicitly warned Plaintiffs not to delay service. Id. at 1-2. This 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. Plaintiff(s) shall promptly file proofs of service of the summons and complaint so the Court has a record of service. Counsel are referred to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint. Failure to timely serve summons and complaint may result in the imposition of sanctions, including the dismissal of unserved defendants.

Id., emphasis added. Nevertheless, no proof of service has been filed demonstrating the service of process has been accomplished and no appearance has been made on behalf of either defendant.*fn1

ORDER

Based upon the foregoing, the Court ORDERS:

1. The scheduling conference, currently set on March 14, 2013 is CONTINUED to May 2, 2013 at 9:30 a.m.

IT IS SO ORDERED.


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