Schneider v. Bank of America N.A et al

Filing 123

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/26/13 ORDERING that within 45 days, plaintiff shall show cause, in writing, why defendants Bank of America Mortgage and Home Retention Group should not be dismis sed for failure to effect service of process within the time prescribed. If plaintiff elects to file a third amended complaint and does not name Bank of America Mortgage or Home Retention Group, he need not respond to this order to show cause. How ever, if plaintiff elects to proceed with the limited claims that remain in the second amended complaint, he must respond as provided herein. And, if one or both of the unserved defendants is named in the third amended complaint, in addition to resp onding to the order to show cause, plaintiff shall timely serve those defendants and file proof of such service; Failure of plaintiff to comply with this order may result in a recommendation that Bank of America Mortgage and Home Retention Group and /or this action be dismissed for failure to follow court orders; Plaintiff's renewed ex parte motion for approval of filing lis pendens 121 is denied without prejudice; and RECOMMENDING that Defendants' motions to dismiss, 93 and 96 , be granted in part as provided herein; Plaintiff be granted 45 days to file a third amended complaint as provided herein. Referred to Judge Lawrence K Karlton; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)