Berg v. Kazalec et al

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/11 ORDERING that the parties are directed to file, within 30 days after the filing date of this order, separate status reports. Absent further order of this court, the court will review the parties status reports on the papers, without appearance by any party, and issue an order thereon.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID JOHN BERG, 11 Plaintiff, 12 vs. 13 No. 2:09-cv-1492 MCE KJN P KAZALEC, et al., 14 Defendants. 15 ORDER / 16 On May 2, 2011, the court appointed attorney Frank Noey to represent plaintiff in 17 this civil rights action filed pursuant to 42 U.S.C. § 1983. The court suspended the deadline for 18 responding to defendants’ pending motion to dismiss (Dkt. No. 29), which is premised in part on 19 a request for more definite statement; the court also noted problems associated with serving 20 process on all defendants (Dkt. No. 30). 21 In order to assess the most appropriate and efficient path for this case, the parties 22 are directed to file, within thirty days after the filing date of this order, separate status reports1 23 that address the following matters: service of process; possible joinder of additional parties; 24 expected or desired amendment of the pleadings; advisability of vacating the pending motion to 25 dismiss without prejudice; anticipated discovery and suggested scheduling thereof; advisability 26 1 At the discretion of the parties, one joint status report may instead be filed. 1 of an early settlement conference, and whether the parties consent to the undersigned magistrate 2 judge acting presiding over settlement negotiations; and any other matters that may add to the 3 just and expeditious disposition of this action. 4 5 Absent further order of this court, the court will review the parties’ status reports on the papers, without appearance by any party, and issue an order thereon. 6 7 SO ORDERED. DATED: June 7, 2011 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 berg1492.stat

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