Gideon Valente Agra et al v. One West Bank FSB et al

Filing 58

MINUTES OF IN CHAMBERS ORDER Dismissing Defendants IndyMac Federal Bank and Ndex West LLC held before Judge Philip S. Gutierrez: For these reasons, the Court finds Plaintiff's response to the Courts December 23, 2009 Order to be insufficient. The Court therefore dismisses Defendants IndyMac Federal Bank and Ndex West LLC from this action without prejudice. (see document for further details) (bm)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-3641 PSG (PJWx) Gideon Valente Agra v. One West Bank FSB et al. Date January 11, 2010

Present:

The Honorable Philip S. Gutierrez, United States District Judge Not Present Court Reporter n/a Tape No.

Wendy K. Hernandez Deputy Clerk Attorneys Present for Plaintiff(s): Not Present Proceedings:

Attorneys Present for Defendant(s): Not Present

(In Chambers) Order Dismissing Defendants IndyMac Federal Bank and Ndex West LLC

On December 23, 2009, the Court issued an Order re Compliance with Federal Rule of Civil Procedure 4(m) ("Order"), which directed Plaintiff to file proper proofs of service on Defendants IndyMac Federal Bank ("IndyMac") and Ndex West LLC ("Ndex") by January 6, 2010. See Dkt # 56. The Order further stated that if Plaintiff did not file proper proofs of service by that date, the Court would dismiss IndyMac and Ndex from this action without prejudice under Rule 4(m). On January 6, 2010, Plaintiff filed a response to the Court's Order. See Dkt # 57. Plaintiff's response included a copy of the proof of service previously filed by Plaintiff on August 17, 2009. See Dkt # 29. That proof of service states that Defendants IndyMac and Ndex were served in compliance with the Federal Rules of Civil Procedure. The proof of service indicates, however, that IndyMac and Ndex were putatively served by sending copies of the summons and complaint by registered mail to their respective general business addresses. This method of service is not authorized by the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(e), (h). Nor, for that matter, is it authorized by the state of California's rules governing service of process on business entities, including banks and limited liability companies. See Cal. Code of Civ. Proc. § 416.10; Cal. Corp. Code § 17061. For these reasons, the Court finds Plaintiff's response to the Court's December 23, 2009 Order to be insufficient. The Court therefore dismisses Defendants IndyMac Federal Bank and Ndex West LLC from this action without prejudice.
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-3641 PSG (PJWx) Gideon Valente Agra v. One West Bank FSB et al. Date January 11, 2010

IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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