Richard Graff v. CitiMortgage, Inc et al

Filing 59

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 3/2/2018. (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

January 29, 2018

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: Defendants ABN AMRO
and Pite Duncan, LLP

Pro se plaintiff Richard Graff (“plaintiff”) filed his complaint on May 5, 2017, against
CitiMortgage, Inc. (“CitiMortgage”), Cal-Western Reconveyance Corp. (“Cal-Western”), and NBS
Default Services (“NBS”). (See Dkt. 1, Complaint at ¶ 5). On December 4, 2017, plaintiff filed his
Second Amended Complaint, the operative complaint, naming additional defendants, ABN AMRO;
Pite Duncan, LLP; and Aldridge Pite, LLP. (See Dkt. 40, “SAC” at ¶ 2). While Adridge Pite, LLP
has filed a motion to dismiss, (see Dkt. 53), it does not appear that ABN AMRO and Pite Duncan,
LLP have been served with the SAC and summons. (See, generally, Dkt.).
Rule 4(m) provides that “[i]f 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[.]” Accordingly, the court, on its own motion, orders
plaintiff to show cause in writing on or before March 2, 2018, why the unserved defendants should
not be dismissed for lack of prosecution. The filing of valid proofs of service as to ABN AMRO and
Pite Duncan, LLP shall be deemed a sufficient response to the instant Order to Show Cause. The
Order to Show Cause will stand submitted upon the filing of plaintiff’s response.
IT IS SO ORDERED.

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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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vdr

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