Sephanie Hall v. Central Pacific Mortgage Company

Filing 32

ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. Plaintiff is ORDERED to respond, in writing, to this Order no later than February 25, 2017. See minute order for details. (jy)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. EDCV 16-470 MWF (KKx)
Date: February 6, 2017
Title:
Stephanie Hall -v- Central Pacific Mortgage Company et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER TO SHOW CAUSE
The Court is in receipt of Plaintiff’s Proof of Service, filed on January 5, 2017,
in response to the Court’s Order to Show Cause issued on December 28, 2016.
(Docket Nos. 27–28). In addition, Plaintiff has filed a Request for the Clerk to enter
Default against Ocwen Loan Servicing, Inc. (“Ocwen”). (Docket No. 29).
Because Ocwen has not been made a party to this suit, the request for default
was denied by the Clerk. (Docket No. 31). At this stage in the litigation, the Court is
unsure whether Plaintiff would like Ocwen to be a party to this suit or not. If Plaintiff
intends to have Central Pacific Mortgage Company remain the sole Defendant in this
suit, the Court orders Plaintiff to respond in writing explaining how service on John E.
Cassell, which proof of service was filed by Plaintiff on August 1, 2016, was adequate
to serve Central Pacific Mortgage Company. Plaintiff should explain who Mr. Cassell
is, and why service on him was sufficient as service upon Central Pacific, a suspended
corporation.
If, on the other hand, Plaintiff would prefer Ocwen be a Defendant in this suit as
well, the Court orders Plaintiff to amend the Complaint to name Ocwen as a proper
Defendant. Plaintiff must then re-serve the Summons and Complaint on Ocwen.
Plaintiff is ORDERED to respond, in writing, to this Order no later than
February 25, 2017.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
1