Murzak et al v. Greenpoint Mortgage Funding, Inc. et al

Filing 10

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 9/30/2011 ORDERING the Clerk of the Court shall RE-OPEN this case; ORDERING plaintiff to show cause, in writing, as to why defendants Greenpoint Mortgage Funding, Inc., Marin Conveyancing Corporation, and Residential Funding Company, LLC, should not be dismissed for failure to comply with F.R.C.P. 4(m) within 14 days. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

BORIS MURZAK, et al.,

11

Plaintiffs,

12
13

No. CIV S-11-1952 GEB GGH PS

vs.
GREENPOINT MORTGAGE
FUNDING, INC., et al.,

14
Defendants.
15
16

ORDER TO SHOW CAUSE
/

This action was referred to the undersigned pursuant to Local Rule 302(c)(21).

17

Pursuant to Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service

18

of summons is not made within 120 days after the filing of the complaint. In the order requiring

19

timely service filed July 25, 2011, plaintiff was cautioned that this action may be dismissed if

20

service was not timely completed. This action was filed May 24, 2011 in state court and

21

removed to this court on July 25, 2011, and plaintiff has not yet served defendants Greenpoint

22

Mortgage Funding, Inc., Marin Conveyancing Corporation, and Residential Funding Company,

23

LLC with summons. Although plaintiff entered into a stipulation of dismissal with defendants

24

Bank of America, N.A., successor by merger to BAC Home Loan Servicing, LP; Recontrust

25

Company; and Mortgage Electronic Registration Systems, Inc., that stipulation dismissed only

26

those defendants and not the entire action.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The Clerk of the Court shall re-open this case; and

3

2. Plaintiff shall show cause, in writing, within fourteen days from the date of this

4

order, why defendants Greenpoint Mortgage Funding, Inc., Marin Conveyancing Corporation,

5

and Residential Funding Company, LLC, should not be dismissed for failure to comply with

6

Federal Rule of Civil Procedure 4(m). Failure to timely file the required writing will result in a

7

recommendation that these defendants be dismissed.

8

DATED: September 30,2011

9
10

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Murzak1952.osc.wpd

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2