1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

GEORGE SPITTAL, No. CIV.S-04-1198 GEB DAD PS

Plaintiff,

ORDER SETTING STATUS

v. (PRETRIAL SCHEDULING)

CONFERENCE

JAY SCHENIRER, et al.,

Defendants.

__________________________/

This action has been assigned to United States District

Garland E. Burrell, Jr., and, pursuant to Local Rule 72-302(c)(21),

has been referred to Magistrate Judge Dale A. Drozd for all purposes

encompassed by that provision. 

The parties are informed that they may, if all consent,

have this case tried by a United States Magistrate Judge while

preserving their right to appeal to the Ninth Circuit Court of

Appeals. An appropriate form for consent to trial by a magistrate

judge is attached. Any party choosing to consent may complete the

form and return it to the Clerk of the Court. Neither the magistrate

Case 2:04-cv-01198-GEB-DAD Document 28 Filed 06/27/05 Page 1 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

judge nor the district judge handling the case will be notified of

the filing of a consent form, unless all parties to the action have

consented. 

Pursuant to the provisions of Federal Rule of Civil

Procedure 16, as amended, effective December 1, 1993, IT IS ORDERED:

1. A Status (Pretrial Scheduling) Conference is set for

August 19, 2005, at 11:00 a.m., in Courtroom No. 27, before

Magistrate Judge Drozd.

2. Rule 4(m) of the Federal Rules of Civil Procedure

provides that this action may be dismissed if service of process is

not accomplished within 120 days from the date the complaint is

filed. In order to enable the court to comply with the 120-day time

limits specified in Rules 4(m) and 16(b), the court strongly

encourages plaintiff to complete service of process on all defendants

within sixty days of the date of filing of the complaint.

3. Concurrently with service of process, or as soon

thereafter as possible, plaintiff shall serve upon each of the

parties named in the complaint, and UPON ALL PARTIES SUBSEQUENTLY

JOINED, INCLUDING IMPLEADED THIRD-PARTY DEFENDANTS, a copy of this

order, and shall file with the Clerk of the Court a certificate

reflecting such service.

4. If this action was originally filed in a state court

and thereafter removed to this court, the removing party or parties

shall, immediately following removal, serve a copy of this order upon

each of the other parties and upon all parties subsequently joined,

and shall file with the Clerk a certificate reflecting such service.

Case 2:04-cv-01198-GEB-DAD Document 28 Filed 06/27/05 Page 2 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

3

5. All parties shall appear at the Status Conference by

counsel, or in person if acting without counsel. Parties may appear

at the conference telephonically. To arrange telephonic appearance,

parties shall contact Pete Buzo, the courtroom deputy of the

undersigned magistrate judge, at (916) 930-4128.

6. The parties shall submit to the court, no later than

seven days before the Status (Pretrial Scheduling) Conference, a

status report addressing the following matters:

a. Progress of service of process;

b. Possible joinder of additional parties;

c. Any expected or desired amendment of

the pleadings;

d. Jurisdiction and venue;

e. Anticipated motions and the scheduling

thereof;

f. Anticipated discovery and the

scheduling thereof, including

disclosure of expert witnesses;

g. Future proceedings, including setting

appropriate cut-off dates for discovery

and law and motion, and the scheduling

of a final pretrial conference and

trial;

h. Modification of standard pretrial

procedures specified by the rules due

to the relative simplicity or

complexity of the action;

i. Whether the case is related to any

other case, including matters in

bankruptcy;

/////

/////

Case 2:04-cv-01198-GEB-DAD Document 28 Filed 06/27/05 Page 3 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

4

j. Whether the parties will stipulate to

the magistrate judge assigned to this

matter acting as settlement judge,

waiving any disqualifications by virtue

of his so acting, or whether they

prefer to have a Settlement Conference

before another judge; 

k. Any other matters that may add to the

just and expeditious disposition of

this action; and

l. Whether the parties intend to consent

to proceed before a United States

Magistrate Judge.

7. The Clerk of the Court shall send plaintiff, along with

this order, the appropriate number of copies (i.e., one for each

defendant and plaintiff) of the form “Consent to Proceed Before

United States Magistrate Judge.” Plaintiff shall serve each

defendant with a copy of this form. 

DATED: June 24, 2005.

DAD:lg

DDad1\orders.prose\spittal1198.ossc

Case 2:04-cv-01198-GEB-DAD Document 28 Filed 06/27/05 Page 4 of 4