McIntyre v. Alternative Loan Trust 2006-OC10 et al

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/2013. Status Conference set for 2/19/2014 at 10:00 AM in Courtroom 8 (EFB). No later than 2/5/2014, all parties shall Status Reports (or Joint Status Report). Plaintiff directed to serve a copy of this on all defendants. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP McINTYRE,

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No. 2:13-cv-1597-TLN-EFB PS

Plaintiff,
v.

ORDER

ALTERNATIVE LOAN TRUST 2006OC10; THE BANK OF NEW YORK
MELLON fka THE BANK OF NEW
YORK as TRUSTEE for the
ALTERNATIVE LOAN TRUST 2006OC10; and DOES 1-10,
Defendants.

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This action was initially commenced in the United States District Court for the Southern

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District of New York and was transferred to this court on July 26, 2013. See ECF No. 3, 4. On

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August 2, 2013, the undersigned issued an order setting a status (pretrial scheduling) conference

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in this action for December 4, 2013, and directed the parties to file status reports in advance of

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that conference. ECF No. 5. As of the date of this order, defendants have not yet appeared in this

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action and proof of service of the summons and complaint has not been filed. See Rule 4(l), Fed.

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R. Civ. P. The docket reveals, however, that the summons was not issued by the Clerk until

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November 1, 2013 and the time for completion of service of process has not yet expired.

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Therefore, in order to provide adequate time for plaintiff to effect service of process on

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defendants and permit defendants to appear in this action, the status conference will be continued.

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Accordingly, it is hereby ORDERED that:

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1. The December 4, 2013, status conference is continued to February 19, 2014 at 10:00

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a.m. in Courtroom No. 8.
2. No later than February 5, 2014, all parties shall file status reports (or a joint status
report), discussing the matters addressed in the court’s August 2, 2013 order.
3. Plaintiff is directed to serve a copy of this order on all defendants where service of
process may be properly effected and to file proof of service of same.
DATED: November 25, 2013.

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