Madrigal et al v. Onewest Bank et al

Filing 19

ORDER DIRECTING PLAINTIFFS TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT UNITED FINANCIAL MORTGAGE CORPORATION SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE. Plaintiffs are ordered to show cause, in writing and no later than December 23, 2009, why plaintiffs' claims against United Financial should not be dismissed for failure to serve within the time required by Rule 4(m). Signed by Judge Maxine M. Chesney on December 3, 2009. (mmclc1, COURT STAFF) (Filed on 12/3/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or its own initiative, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified period . . . ." Fed. R. Civ. P. 4(m). On July 27, 2009, plaintiffs filed the instant action. To date, plaintiff has not filed proof of service of the summons and complaint upon defendant United Financial Mortgage Corporation ("United Financial"). Pursuant to Rule 4(m), plaintiffs are hereby ORDERED TO SHOW CAUSE, in writing and no later than December 23, 2009, why plaintiffs' claims against United Financial should not be dismissed for failure to serve within the time required by Rule 4(m). IT IS SO ORDERED. Dated: December 3, 2009 v. United States District Court EDWARD MADRIGAL, et al., Plaintiffs, No. 09-3436 MMC ORDER DIRECTING PLAINTIFFS TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT UNITED FINANCIAL MORTGAGE CORPORATION SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ONEWEST BANK, et al., Defendants /

MAXINE M. CHESNEY United States District Judge