Johnson v. Vanhoose et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr. on 11/08/11 ORDERING that Plaintiff shall take the steps necessary to prosecute this action as to Defendant John Vanhoose as a default matter. Plaintiff shall either file whatever documents are required o r Show Cause in writing filed by 4:00 p.m. on January 23, 2012, why Defendant John Vanhoose should not be dismissed for failure of prosecution. Further, Plaintiff is notified under Rule 4(m) of the FRCP that if Defendant Jamie Bianca is not served w ith process within the 120 day period prescribed in that Rule, that Defendant may be dismissed as a defendant. To avoid dismissal, by November 28, 2011 Plaintiff shall file proof of service for this defendant or a sufficient explanation why service was not effected. Further, the status conference is CONTINUED to 02/13/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. A status report shall be filed fourteen (14) days prior to the status conference. (Benson, A.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT N. JOHNSON,
Plaintiff,
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v.
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JOHN VANHOOSE, Individually and
d/b/a O’Riley’s Pub; JAMIE
BIANCA,
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Defendants.
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2:11-cv-00798-GEB-DAD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE
Plaintiff states in his Status Report filed October 31, 2011:
“Defendant, John Vanhoose, has been served with the First Amended
Complaint, but has not filed an answer. Defendant Jamie Bianca has not
been served.” (ECF No. 16, 2:13-15.)
Plaintiff shall take the steps necessary to prosecute this
action as to Defendant John Vanhoose as a default matter. Plaintiff
shall either file whatever documents are required or Show Cause in a
writing filed no later than 4:00 p.m. on January 23, 2012, why Defendant
John Vanhoose should not be dismissed for failure of prosecution.
Further, Plaintiff is notified under Rule 4(m) of the Federal
Rules of Civil Procedure that if Defendant Jamie Bianca is not served
with process within the 120 day period prescribed in that Rule, that
Defendant may be dismissed as a defendant. To avoid dismissal, on or
before November 28, 2011 Plaintiff shall file proof of service for this
defendant or a sufficient explanation why service was not effected
within Rule 4(m)’s prescribed service period.
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Further,
the
status
conference
scheduled
for
hearing
on
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November 14, 2011, is continued to commence at 9:00 a.m. on February 13,
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2012. A status report shall be filed fourteen (14) days prior to the
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status conference in which Plaintiff is required to explain the status
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of the proceedings.
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IT IS SO ORDERED.
Dated:
November 8, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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