Thompson v. Residential Credit Solutions et al

Filing 36

ORDER signed by Senior Judge William B. Shubb on 8/30/13 ORDERING that American Brokers Conduit be, and the same hereby is, dismissed with prejudice. The Clerk of Court shall enter judgment consistent with this Order and close the file. (Becknal, R)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LORNA DELORES THOMPSON,

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Plaintiff,

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NO. CIV. 2:11-2261 WBS DAD
ORDER

v.
RESIDENTIAL CREDIT SOLUTIONS,
INC., a Delaware Corporation;
AMERICAN BROKERS CONDUIT, A
DIVISION OF AMERICAN HOME
MORTGAGE INVESTMENT
CORPORATION, a Maryland
Corporation; MERSCORP, INC.
dba MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC. AS
NOMINEE FOR AMERICAN BROKERS
CONDUIT, AMERICAN HOME
MORTGAGE SERVICING, INC., and
all persons unknown, claiming
any legal or equitable right,
title, estate, lien, or
interest in the property,
described in the complaint
adverse to Plaintiff’s title,
and any cloud on Plaintiff’s
title thereto, and DOES 1100, inclusive,
Defendants.

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Plaintiff Lorna Delores Thompson brought this action

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against defendants Residential Credit Solutions, Inc. (“RCS”),

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American Brokers Conduit (“ABC”), a division of American Home

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Mortgage Investment Corporation (“AHMIC”), Merscorp, Inc.

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(“Merscorp”), dba Mortgage Electronic Registration System, Inc.

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(“MERS”) as nominee for American Brokers Conduit, and American

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Home Mortgage Servicing, Inc. (“AHMSI”), arising from defendants’

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allegedly wrongful conduct related to a residential loan.

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Pursuant to Federal Rule of Civil Procedure 16(b), the

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court issued a Status (Pretrial Scheduling) Order on March 15,

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2012.

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2012 as the deadline for plaintiff to complete service.

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15, 2012 Order at 2.)

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Amended Complaint with prejudice on May 5, 2012.

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31.)

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(Docket No. 27.)

Among other deadlines, it set March 30,
(March

The court dismissed plaintiff’s Third
(Docket No.

On August 13, 2013, the court ordered plaintiff to show

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cause in writing on or before August 27, 2013 why ABC should not

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be dismissed for plaintiff’s failure to serve ABC with the

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summons and complaint in violation of the court’s scheduling

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order.

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not shown, ABC would be dismissed with prejudice.

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not show cause as of August 30, 2013.

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(Docket No. 35.)

The court explained that if cause was
Plaintiff did

IT IS THEREFORE ORDERED that American Brokers Conduit

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be, and the same hereby is, dismissed with prejudice.

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The Clerk of Court shall enter judgment consistent with

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this Order and close the file.

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Dated:

August 30, 2013

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