Richard Graff v. CitiMortgage, Inc et al

Filing 34

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Plaintiff is granted until 11/2/2017, to effect service of process on all unserveddefendants. Plaintiff shall file valid proofs of service by no later than 11/7/2017. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3439 FMO (PJWx)

Title

Richard Graff v. CitiMortgage, Inc., et al.

Present: The Honorable

Date

October 20, 2017

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal

By order dated July 28, 2017, pro se plaintiff was ordered to show cause, on or before
August 4, 2017, why this action should not be dismissed for lack of prosecution for failure to
complete service of the summons and complaint as required by Rule 4(m) of the Federal Rules
of Civil Procedure.1 (See Dkt. 17, Court’s Order of July 28, 2017 (“OSC”)). Plaintiff responded
to the OSC, (see Dkt. 22, Reply to Order to Show Cause Re Dismissal Re: Lack of Prosecution),
and while not directly addressing whether defendants Cal-Western Reconveyance Corp. (“CalWestern”) and NBS Default Services (“NBS”) have been served with process, (see, generally, Dkt.
22, Response), plaintiff requested that he be permitted to file an amended complaint, after which
he would serve all defendants. (See id. at 2).
On September 1, 2017, the court granted plaintiff additional time to serve Cal-Western and
NBS with the summons and complaint given his pro se status. (See Dkt. 29, Court’s Order of
September 1, 2017, at 2). The court also granted plaintiff until September 8, 2017, to file a First
Amended Complaint. (See id.).
On September 20, 2017, after plaintiff failed to file a First Amended Complaint by the
September 8, 2017, deadline, the court issued another order granting plaintiff until October 2,
2017, to file the First Amended Complaint. (See Dkt. 31, Court’s Order of September 20, 2017,
at 1). The court also granted plaintiff until October 9, 2017, to effect service of process on CalWestern and NBS. (See id. at 2). While plaintiff filed his First Amended Complaint (“FAC”) on
October 2, 2017, he not only failed to effect service of process by October 9, 2017, (see,
generally, Dkt.), he added defendants to the action. (See Dkt. 32, “FAC” at ¶ 2).
Based on the foregoing, IT IS ORDERED THAT:
1. Plaintiff is granted until November 2, 2017, to effect service of process on all unserved
defendants. Plaintiff shall file valid proofs of service by no later than November 7, 2017.

1

Unless otherwise indicated, all “Rule” references are to the Federal Rules of Civil Procedure.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3439 FMO (PJWx)

Date

Title

October 20, 2017

Richard Graff v. CitiMortgage, Inc., et al.

2. Plaintiff is cautioned that failure to effect service of process on the unserved defendants
and to file valid proofs of service by the deadlines set forth in paragraph one will result in the
unserved defendants being dismissed from this action without prejudice for failure to prosecute
and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,
370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
3. The Order to Show Cause is hereby continued pending compliance with paragraph one
above.
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Initials of Preparer

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vdr

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