Willie Mayora v. Fieldstone Mortgage Company et al

Filing 58

MINUTE (IN CHAMBERS): ORDER DISMISSING REMAINING DEFENDANTS WITHOUT PREJUDICE by Judge John F. Walter: On May 12, 2017, Plaintiffs filed a Response, requesting that the Court give Plaintiffs an additional seven days to file the relevant proofs of ser vice with the Court. As of June 16, 2017, Plaintiffs have failed to file proofs of service with the Court. Accordingly, the remaining defendants are DISMISSED without prejudice for failure to comply with Federal Rules of Civil Procedure 4(l)1 and 4(m). (Made JS-6. Case Terminated.) (jp)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JS-6 CIVIL MINUTES -- GENERAL Case No. CV 16-9142-JFW (SSx) Title: Willie Mayora -v- Fieldstone Mortgage Company, et al. Date: June 16, 2017 PRESENT: HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE Shannon Reilly Courtroom Deputy None Present Court Reporter ATTORNEYS PRESENT FOR PLAINTIFFS: None PROCEEDINGS (IN CHAMBERS): ATTORNEYS PRESENT FOR DEFENDANTS: None ORDER DISMISSING REMAINING DEFENDANTS WITHOUT PREJUDICE On May 4, 2017, the Court ordered Plaintiffs to show cause, in writing, no later than May 12, 2017 why the remaining defendants in this action should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Federal Rule of Civil Procedure 4(m) provides in relevant part: “If a defendant is not served within 90 days after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must dismiss the action without prejudice against that defendant or order service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m) (emphasis added). On May 12, 2017, Plaintiffs filed a Response, requesting that the Court give Plaintiffs an additional seven days to file the relevant proofs of service with the Court. As of June 16, 2017, Plaintiffs have failed to file proofs of service with the Court. Accordingly, the remaining defendants are DISMISSED without prejudice for failure to comply with Federal Rules of Civil Procedure 4(l)1 and 4(m). IT IS SO ORDERED. 1 Federal Rule of Civil Procedure 4(l) provides that “proof of service must be made to the court.” Page 1 of 1 Initials of Deputy Clerk sr

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