Christie L Reed v. Federal National Mortgage Association et al

Filing 174

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE (IN CHAMBERS) by Judge Virginia A. Phillips. The Court ORDERS Fannie Mae to show cause, in writing, not later than February 27, 2014, why Sarah Cabrera should not be dismissed without prejudice for failure to prosecute. Failure to file a response will result in dismissal of Fannie Mae's Counterclaim as to Cabrera. (adu)

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 13-00940-VAP (SPx)

Date: February 20, 2014

Title:

CHRISTIE L. REED -v- FEDERAL NATIONAL MORTGAGE
ASSOCIATION; DAVID ALAN BOUCHER; SARA LUZ ARGUELLO
FERNANDO DIAS; EVERETT XAVIER CABRERA; AND DOES 1
THROUGH 10, INCLUSIVE
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:

None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:

None
PROCEEDINGS:

None
ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE
(IN CHAMBERS)

On September 11, 2013, Defendant/Counterclaimant Federal National
Mortgage Association ("Fannie Mae") filed a Counterclaim (Doc. No. 29) against,
inter alia, Sarah Cabrera ("Cabrera"). To date, however, Fannie Mae has not
submitted a proof of service on Cabrera for the Counterclaim, nor has Fannie Mae
submitted evidence purporting to show efforts made to give notice or a reason notice
should not be required. Pursuant to Federal Rule of Civil Procedure ("FRCP") 4(m),
a plaintiff must serve summons and complaint on all named defendants within 120
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EDCV 13-00940-VAP (SPx)
CHRISTIE L. REED v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, ET AL.
MINUTE ORDER of February 20, 2014

days of filing. When a plaintiff or a counterclaimant fails to prosecute the case, the
Court on its own motion may dismiss the case for that failure under FRCP 41(b).
See Tolbert v. Leighton, 623 F.2d 585, 586-87 (9th Cir. 1980). Plaintiff has failed to
prosecute this action as to Cabrera. Thus, this action is subject to dismissal as to
Cabrera.
Accordingly, the Court ORDERS Fannie Mae to show cause, in writing, not
later than February 27, 2014, why Sarah Cabrera should not be dismissed without
prejudice for failure to prosecute. Failure to file a response will result in dismissal of
Fannie Mae's Counterclaim as to Cabrera.

IT IS SO ORDERED.

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