Calloway

Principal Life Insurance Company v. Calloway

Good Law
United States District Court, Eastern District of CaliforniaDecember 23, 20191:19-cv-00147California1,627 words

Opinion

Trial Court Opinion

I. INTRODUCTION

16 Plaintiff filed this complaint in interpleader on February 1, 2019. (Doc. 1.) Since then, 17 Plaintiff has experienced issues filing proof of service on certain Defendants, and only recently filed requests for entry of default or notices of voluntary dismissal as to the non-appearing Defendants. (See Docs. 18, 20, 24, 26, 27, 30, 31, 32, 33, 34, 35.) Plaintiff has still not served 21 Defendant J.D. Florence, (see Doc. 35 at 2), and requests leave to serve Defendant J.D. Florence 22 by publication, (Doc. 39). For the reasons stated below, the Court DENIES WITHOUT 23 PREJUDICE Plaintiff’s motion.1

25

1 Because the initial scheduling conference was continued several times due to the delay in all Defendants appearing, (see Docs. 13, 15, 21), and was vacated when the Court directed Plaintiff to show cause why sanctions should not be imposed for its failure to comply with Court orders, (see Doc. 24), the Court will also re-set the initial scheduling 1 Rule 4 of the Federal Rules of Civil Procedure provides that proper service can be made by “following state law for serving a summons in an action brought in…

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