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 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). (Made JS-6. Case Terminated.) (jp)

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.”
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