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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENE RABON, REGINA RABON,

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No. 2:14-cv-1660 JAM DAD PS

Plaintiffs,
v.

ORDER

JP MORGAN CHASE BANK, N.A.,
NATIONAL DEFAULT SERVICING
CORPORATION,

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Defendants.

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Plaintiffs Eugene Rabon and Regina Rabon are proceeding pro se in the above entitled

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action. Accordingly, the case has been referred to the undersigned pursuant to Local Rule

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302(c)(21).

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A motion to quash service and motion to dismiss brought on behalf of defendant Real

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Time Resolutions, Inc. is scheduled for hearing before the undersigned on Friday October 24,

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2014. (Dkt. No. 16.) However, on September 29, 2014, the undersigned issued findings and

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recommendation, recommending that this action be dismissed due to plaintiffs’ failure to

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prosecute. (Dkt. No. 19.) The time for the filing of objections to those findings and

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recommendations has expired, no objections have been filed and the findings and

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recommendations are now pending before the assigned District Judge. If the assigned District

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Judge adopts those findings and recommendation in full, this matter will be dismissed.
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Accordingly, defendant Real Time Resolutions, Inc.’s motion to dismiss will be denied

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without prejudice to being re-noticed for hearing before the undersigned in the event the assigned

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District Judge does not adopt the pending findings and recommendations in full and this matter is

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not dismissed.

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Accordingly, IT IS HEREBY ORDERED that defendant’s September 19, 2014 motion to

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dismiss (Dkt. No. 16) is denied without prejudice and dropped from the October 24, 2014 law and

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motion calendar.

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Dated: October 17, 2014

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DAD:6
Ddad1\orders.pro se\rabon1660.mtd.ord.docx

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