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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

LENARD SCOTT, No. CIV.S-04-2418 DAD

Plaintiff,

ORDER SETTING STATUS

v. (PRETRIAL SCHEDULING)

CONFERENCE

ROSE MARIA VIVIER,

Defendant.

__________________________/

This action has been reassigned to United States Magistrate

Judge Dale A. Drozd for all proceedings. See 28 U.S.C. § 636(c).

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

July 15, 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

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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.

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;

/////

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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 and

whether any order affecting discovery

under Federal Rules of Civil Procedure

26 and 29-37 is desired;

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;

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; and

k. Any other matters that may add to the

just and expeditious disposition of

this action.

DATED: June 17, 2005.

DAD:lg

DDad1\orders.consent\scott2418.ossc

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