Klepac et al v. CTX Mortgage Company, LLC et al
Filing
41
ORDER signed by Judge Garland E. Burrell, Jr on 11/17/11 ORDERING that the Status (Pretrial Scheduling) Conference scheduled for hearing on 11/28/11 is CONTINUED to 4/9/2012 at 09:00 AM. A further joint Status Report shall be filed no later than four teen (14) days prior. Plaintiffs are notified that to avoid dismissal of Defendant American Securities Company, on or before 11/30/2011, Plaintiffs shall file proof of service for this defendant or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period. (Mena-Sanchez, L)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9
TOM KLEPAC, JOY KLEPAC,
Plaintiffs,
10
11
v.
16
CTX MORTGAGE COMPANY, LLC;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; AMERICAN
SECURITIES COMPANY, as Trustee;
WELLS FARGO BANK, N.A.; QUALITY
LOAN SERVICE CORP.; LSI TITLE
AGENCY INC.; AURORA LOAN
SERVICES, INC.; and DOES 1-100,
inclusive,
17
Defendants.
________________________________
12
13
14
15
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
2:11-cv-00752-GEB-GGH
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE
18
19
The Joint Status Report filed November 14, 2011 reveals this
20
case is not ready to be scheduled. (ECF No. 40.) Therefore, the Status
21
(Pretrial Scheduling) Conference scheduled for hearing on November 28,
22
2011 is continued to April 9, 2012 at 9:00 a.m. A further joint status
23
report shall be filed no later than fourteen (14) days prior.
24
Further, Plaintiffs were required to respond to an Order filed
25
July 11, 2011, by either filing proof that Defendant American Securities
26
Company was served with process or a document showing good cause for
27
Plaintiffs’ failure to serve this Defendant within the 120-day period
28
prescribed in Federal Rule of Civil Procedure (“Rule”) 4(m). (ECF No.
1
1
23.) On July 18, 2011, Plaintiffs filed a “Proof of Service of Summons
2
and Complaint” which states American Securities Company was served by
3
mailing the summons and complaint to the agent for service of process by
4
certified mail, return receipt requested. (ECF No. 24.)
5
California Civil Procedure Code section 415.30(c) prescribes
6
that
7
acknowledgment of receipt of summons is executed, if such acknowledgment
8
thereafter is returned to the sender.” Since Plaintiffs’ Proof of
9
Service does not state that American Securities Company returned a
service
by
mail
“is
deemed
complete
on
the
date
a
written
10
written
11
effected service on American Securities Company. Therefore, Plaintiffs
12
are notified under Rule 4(m) that to avoid dismissal of Defendant
13
American Securities Company, on or before November 30, 2011, Plaintiffs
14
shall
15
explanation why service was not effected within Rule 4(m)'s prescribed
16
service period.
17
18
acknowledgment,
file
proof
of
Plaintiffs
service
for
have
this
not
shown
defendant
that
or
a
IT IS SO ORDERED.
Dated:
November 17, 2011
19
20
21
GARLAND E. BURRELL, JR.
United States District Judge
22
23
24
25
26
27
28
2
they
have
sufficient
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?