Hoffman v. IndyMac Bank FSB et al
Filing
34
ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE. Plaintiff is ordered to show cause, in writing and no later than September 20, 2010, why plaintiff's claims against FATIC should not be dismissed for failure to serve within the time required by Rule 4(m). Signed by Judge Maxine M. Chesney on August 31, 2010. (mmclc1, COURT STAFF) (Filed on 8/31/2010)
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Hoffman v. IndyMac Bank FSB et al
Doc. 34
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 On June 18, 2010, plaintiff filed a Proof of Service, in which a process server states that on May 11, 2010 he served on FATIC a number of documents, including the Amended Verified Complaint, but does not state he served FATIC with the summons on any date.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
DELAINE M. HOFFMAN, v. Plaintiff,
No. 10-0802 MMC ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE
INDYMAC BANK FSB, et al., Defendants. /
United States District Court
"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 February 25, 2010, plaintiff filed her initial complaint and included therein claims against defendant First American Title Insuance Company ("FATIC"). To date, plaintiff has not filed proof of service of the summons upon FATIC.1 Pursuant to Rule 4(m), plaintiff is hereby ORDERED TO SHOW CAUSE, in writing and no later than September 20, 2010, why plaintiff's claims against FATIC should not be dismissed for failure to serve within the time required by Rule 4(m). IT IS SO ORDERED. Dated: August 31, 2010
MAXINE M. CHESNEY United States District Judge
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