Doe v. Adams ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 JANE DOE, Case No. 1:21-cv-01103-NONE-SAB 11 Plaintiff, ORDER GRANTING STIPULATED 12 REQUEST TO CONTINUE SCHEDULING v. CONFERENCE AND CONTINUING 13 SCHEDULING CONFERENCE TO DERRAL ADAMS, et al., DECEMBER 7, 2021 AT 2:00 P.M. 14 Defendants. ORDER REQUIRING PARTIES TO 15 ADDRESS NEED FOR MOTION TO FILE PSEUDONYMOUSLY 16 (ECF Nos. 5, 10) 17 18 19 A scheduling conference is currently set for October 19, 2021. (ECF No. 5.) On August 20 20, 2021, the Court granted a stipulated request to extend the time for Defendant Timothy 21 Breach to file a responsive pleading until October 14, 2021, and ordered the parties to address 22 their readiness for the scheduling conference on or before October 12, 2021. (ECF No. 9.) On 23 October 12, 2021, the Plaintiff and Defendant Timothy Breach filed a stipulated request to 24 continue the scheduling conference, proffering that Timothy Breach is the only Defendant to 25 have appeared in this action thus far, and that Plaintiff is still trying to effectuate service on the 26 remaining defendants. (ECF No. 10.) The Court finds good cause to approve the stipulated 27 request. Plaintiff is also reminded that the deadline to effectuate service on the defendants is approaching. See Fed. R. Civ. P. 4(m) (“If a defendant is not served within 90 days after the een eee ene en een IO IE OSI OIE ESO 1 | complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss 2 |the action without prejudice against that defendant or order that service be made within a 3 | specified time.”’). 4 Pursuant to the stipulation of the parties, and finding good cause, IT IS HEREBY 5 | ORDERED that: 6 1. The scheduling conference set for October 19, 2021, is CONTINUED to 7 December 7, 2021, at 2:00 p.m. in Courtroom 9; 8 2. The parties shall file a joint scheduling report seven (7) days prior to the 9 scheduling conference; and 10 3. The parties shall address the need for a motion to file pseudonymous pleadings in 11 the scheduling report.! 12 B IT IS SO ORDERED. DAM Le 14 | Dated: _ October 13, 2021 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 Plaintiff did not file a motion to file pseudonymous pleadings in this action. The parties should be prepared to address this issue, and be prepared to set a filing date and briefing schedule for such motion, if opposed, or file an unopposed motion that satisfies the applicable legal standards. See Fed. R. Civ. P. 10(a); Doe v. Kamehameha 27 Schools (“Kamehameha Schools”), 596 F.3d 1036, 1042 (9th Cir. 2010); Does I thru XXIII v. Advanced Textile 28 Corp. (“Advanced Textile Corp.”), 214 F.3d 1058, 1067 (9th Cir. 2000).