Amador v. Quicken Loans, Inc. et al

Filing 17

ORDER, signed by Senior Judge Stephen M. McNamee on 2/28/17. Plaintiff Shall Serve Defendants by 4/14/2017. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Daniel Amador,
Plaintiff,

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ORDER

v.

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No. CV 1:16-01357

Quicken Loans, Inc.; Bank of America
N.A.;
Nationstar
Mortgage,
LLC;
CoreLogic, Inc.; DVP, LP

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Defendants.

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The Court finds it necessary to set a deadline for Plaintiff to serve his complaint

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because more than five months have passed since he filed his complaint and Defendants

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still have not been served.

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Federal Rule of Civil Procedure 4(m) provides, in relevant part, that “[i]f a

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defendant is not served within 90 days after the complaint is filed, the court – on motion

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or on its own after notice to the plaintiff – must dismiss the action without prejudice

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against that defendant or order that service be made within a specified time.” Fed. R. Civ.

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P. 4(m).

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Plaintiff filed his complaint on September 14, 2016. (Doc. 1.) In October 2016, the

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Court granted Plaintiff’s motion to proceed in forma pauperis. (Doc. 6.) In November

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2016, the Court ordered that service be made by a U.S. Marshal pursuant to Fed. R. Civ.

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P. 4(c)(3). (Doc. 11-2.) On February 21, 2017, the Court received notice that two of the

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summonses were returned unexecuted. (Docs. 15-16.)

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The Court will allow Plaintiff 45 days from today’s date to complete service upon

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Defendants. If any of the Defendants have not been served by Friday, April 14, 2017, the

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Court will dismiss this case against those Defendants without prejudice.

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IT IS HEREBY ORDERED that Plaintiff shall serve Defendants by Friday,

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April 14, 2017. If any of the Defendants have not been served by this date, the Court will

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dismiss this case against those Defendants without prejudice.

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Dated this 28th day of February, 2017.

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Honorable Stephen M. McNamee
Senior United States District Judge

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