Rabon et al v. National Default Servicing Corporation et al

Filing 20

ORDER denying 16 Motion to Quash signed by Magistrate Judge Dale A. Drozd on 10/17/14. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EUGENE RABON, REGINA RABON, 12 13 14 15 No. 2:14-cv-1660 JAM DAD PS Plaintiffs, v. ORDER JP MORGAN CHASE BANK, N.A., NATIONAL DEFAULT SERVICING CORPORATION, 16 Defendants. 17 18 Plaintiffs Eugene Rabon and Regina Rabon are proceeding pro se in the above entitled 19 action. Accordingly, the case has been referred to the undersigned pursuant to Local Rule 20 302(c)(21). 21 A motion to quash service and motion to dismiss brought on behalf of defendant Real 22 Time Resolutions, Inc. is scheduled for hearing before the undersigned on Friday October 24, 23 2014. (Dkt. No. 16.) However, on September 29, 2014, the undersigned issued findings and 24 recommendation, recommending that this action be dismissed due to plaintiffs’ failure to 25 prosecute. (Dkt. No. 19.) The time for the filing of objections to those findings and 26 recommendations has expired, no objections have been filed and the findings and 27 recommendations are now pending before the assigned District Judge. If the assigned District 28 Judge adopts those findings and recommendation in full, this matter will be dismissed. 1 1 Accordingly, defendant Real Time Resolutions, Inc.’s motion to dismiss will be denied 2 without prejudice to being re-noticed for hearing before the undersigned in the event the assigned 3 District Judge does not adopt the pending findings and recommendations in full and this matter is 4 not dismissed. 5 Accordingly, IT IS HEREBY ORDERED that defendant’s September 19, 2014 motion to 6 dismiss (Dkt. No. 16) is denied without prejudice and dropped from the October 24, 2014 law and 7 motion calendar. 8 Dated: October 17, 2014 9 10 11 12 DAD:6 Ddad1\orders.pro se\rabon1660.mtd.ord.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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