Mora et al v. McManahan et al

Filing 15

ORDER re 14 Request for Summons to Issue filed by Bernabe Mora. Signed by Judge Lucy H. Koh on July 29, 2013. (lhklc2, COURT STAFF) (Filed on 7/29/2013)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 BERNABE MORA; STEVEN MORA, Plaintiff, v. 13 14 15 16 17 18 RICHARD MCMANAHAN; COLDWELL BANKER; ALEX BALONI; QUALITY LOANS; LITTON; NEW CENTURY; ALL PERSON CLAIMING LEGAL ABILITY; DOES 1-30; NEW CENTURY MORTGAGE CORPORATION; GAY DALES INC REALTORS; ROY C. GUNTER III, Defendants. 19 20 21 22 23 24 25 26 27 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 13-CV-01528 ORDER RE: REQUEST FOR SUMMONS TO ISSUE On May 17, 2013, Magistrate Judge Howard Lloyd denied as moot Plaintiffs’ application to proceed in forma pauperis, and referred this case to the undersigned judge for a related case determination. ECF No. 5. Judge Lloyd also further recommended that this action be dismissed for lack of subject matter jurisdiction. Id. On June 21, 2013, this Court related the above-captioned case to Case No. 11-02319, ECF No. 8, and dismissed the above-captioned action for lack of subject matter jurisdiction, without prejudice to Plaintiffs to pursue their claims in state court. ECF No. 9. On July 2, 2013, Plaintiffs filed a notice of appeal to the Ninth Circuit. ECF No. 11. 28 1 Case No.: 13-CV-01528-LHK ORDER RE: REQUEST FOR SUMMONS TO ISSUE 1 On July 15, 2013, Plaintiffs filed a request for summons to issue, requesting that the U.S. 2 Marshal serve defendants. ECF No. 14. Because the above-captioned case has been dismissed for 3 lack of subject matter jurisdiction, Plaintiffs’ application to proceed in forma pauperis has been 4 denied as moot, and the case is currently on appeal, Plaintiffs’ request is DENIED. 5 IT IS SO ORDERED. 6 7 8 Dated: July 29, 2013 _________________________________ LUCY H. KOH United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 13-CV-01528-LHK ORDER RE: REQUEST FOR SUMMONS TO ISSUE