Jang et al v. 1st United Bank et al

Filing 26

ORDER to SHOW CAUSE signed by Judge John A. Mendez on 4/30/2012 ORDERING Plaintiffs are hereby ORDERED TO SHOW CAUSE in writing, not to exceed 5 pages, why this action should not be dismissed as to Defendants First American Title and Cal-Western Reconveyance Corportaion for Plaintiffs' failure to timely serve Defendants. Plaintiffs' response to this Court's order should be filed no later than 5:00 PM on 5/10/2012.(Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KWANG JANG and AMY JANG, both
individuals,
Plaintiffs,

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v.

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1st UNITED BANK, formerly
Republic Federal Bank, N.A.,
formerly Hemisphere National
Bank, et al.

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Defendants.

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Case No. 2:11-CV-2427-JAM-GGH
ORDER TO SHOW CAUSE REGARDING
DISMISSAL OF CLAIMS AGAINST
CAL-WESTERN RECONVEYANCE
CORPORATION AND FIRST AMERICAN
TITLE

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On September 13, 2011, Plaintiffs Kwang Jang and Amy Jang

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(“Plaintiffs”) filed a complaint against Defendants 1st United

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Bank, Mortgage Electronic Registration Systems, Inc., Cal-Western

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Reconveyance Corporation, First American Title, U.S. Bank, N.A.,

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and “all persons known or unknown claiming an interest in . . .”

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the property that is the subject of this suit.

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neither First American Title nor Cal-Western Reconveyance

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Corportaion has appeared in this action, and Plaintiffs have not

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lodged proof of service as to either of these Defendants with this
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Doc. #2.

To date,

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Court.

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Pursuant to Federal Rule of Civil Procedure 4(m), the Court

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must dismiss an action if a defendant has not been served within

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120 days of plaintiff’s filing of his or her complaint, unless a

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plaintiff can demonstrate good cause for his or her failure to

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serve the defendant.

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in limited circumstances, and inadvertent error or ignorance of the

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governing rules alone will not excuse a litigant’s failure to

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effect timely service.”

FED. R. CIV. P. 4(m).

Good cause “applies only

Hamilton v. Endell, 981 F.2d 1062, 1065

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(9th Cir. 1992) (discussing former subdivision 4(j)) (overruled on

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other grounds); see also Glaser v. Bell Gardens, 28 F.3d 105 (9th

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Cir. 1994).

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It has been well beyond 120 days since Plaintiffs’ complaint

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was filed.

Accordingly, Plaintiffs are hereby ordered to show

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cause in writing, not to exceed five (5) pages, why this action

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should not be dismissed as to Defendants First American Title and

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Cal-Western Reconveyance Corportaion for Plaintiffs’ failure to

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timely serve Defendants.

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order should be filed no later than 5:00 pm on May 10, 2012.

Plaintiffs’ response to this Court’s

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IT IS SO ORDERED.

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Dated: April 30, 2012

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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