(PS) Nieto v. JP Morgan Chase Bank, N.A. et al

Filing 35

ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/15/2020 TERMINATING JP Morgan Chase Bank, N.A from the docket. The court provides notice under Rule 4(m) that defendant Caliber Home Loans, Inc., is subject to dismissal unless Plaintiff can correct service and make a showing of good cause for the delay. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE NIETO, JR.,

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Case No. 2:20-cv-00422-JAM-JDP

Plaintiff,

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANT JP MORGAN
CHASE BANK, N.A. FROM THE DOCKET

v.
JP MORGAN CHASE BANK, N.A., et al.,

ORDER PROVIDING PLAINTIFF WITH
NOTICE THAT FAILURE TO SERVE
DEFENDANT CALIBER HOME LOANS,
INC., IS GROUNDS FOR DISMISSAL

Defendants.

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On July 20, 2020, the parties stipulated to the dismissal of defendant JP Morgan Chase

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Bank, N.A. with prejudice from this action under Rule 41(a)(1)(A)(ii) of the Federal Rules of

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Civil Procedure. ECF No. 20. Accordingly, it is no longer a party in this case, and I direct the

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clerk to terminate that defendant from the docket.

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Additionally, it appears that defendant Caliber Home Loans, Inc., has not been served

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with the summons and complaint, and more than 90 days have passed since the filing of this

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action. Accordingly, the court provides notice under Rule 4(m) that this defendant is subject to

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dismissal unless plaintiff can correct service and make a showing of good cause for the delay.

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Dated: October 15, 2020

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