Arim et al v. First Horizon Home Loans et al

Filing 13

ORDER TO SHOW CAUSE why case should not be dismissed as to all defendants without prejudice for failure to serve within 120 days (or show good cause) under Rule 4(m). Show Cause Response due by 12/13/2012.. Signed by Judge Beeler on 11/20/12. (Beeler, Laurel) (Filed on 11/20/2012) (Additional attachment(s) added on 11/21/2012: # 1 Certificate/Proof of Service) (lblc2, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division SAMI ARIM, et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 v. Plaintiffs, 14 ORDER TO SHOW CAUSE FIRST HORIZON HOME LOANS, et al., 15 No. C 11-01544 LB Defendants. _______________________________/ 16 17 On March 30, 2011, Plaintiffs Sami Arim and Luciana Arim filed a complaint against 18 Defendants First Horizon Home Loans, First Tennessee Bank, N.A., and Assured Lender Services. 19 Complaint, ECF No. 1.1 The Clerk issued a summons as to each Defendant on April 1, 2011. See 20 Clerks Notice, ECF No. 3. 21 On May 11, 2011 and again on August 19, 2011, the Clerk requested Plaintiffs consent or 22 decline to proceed before a United States Magistrate Judge. See ECF Nos. 4-5. Plaintiffs did not 23 respond to the clerk’s notices. Nor have plaintiffs filed any evidence that they have served any 24 Defendant within the 120-day time period provided by Federal Rule of Civil Procedure 4(m). 25 On September 13, 2012, the court ordered Plaintiffs to show cause by October 1, 2012, why the 26 27 1 28 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page number at the top of the document. C 11-0544 LB ORDER TO SHOW CAUSE 1 court should not dismiss this action for failure to prosecute. See, ECF No. 9. On September 18 and 2 25, 2012, the USPS returned the court’s letters as undeliverable. ECF Nos. 10-11. On October 2, 3 2012, the court reached Plaintiff Sammi Arim at the telephone number listed on the docket. Mr. 4 Arim provided the court with updated address information for both Plaintiffs. 5 On October 3, 2012, the court once again ordered Plaintiffs to show cause why the court should 6 not dismiss Defendants First Horizon Home Loans, First Tennessee Bank, N.A., and Assured Lender 7 Services for failure to prosecute. Order, ECF No. 12. The court ordered Plaintiffs to file a response 8 to the order to show cause by November 1, 2012. The court specifically instructed Plaintiffs that if 9 it did not receive Plaintiffs’ response by November 1, 2012, it would "reassign the matter to a United 10 States District Court Judge who may dismiss Plaintiffs’ complaint without further notice." Id. The court received no response by November 1, 2012. 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Because the court did not specify the possibility of showing good cause, the court issues one 13 final order to show cause. Plaintiffs have 120 days under Rule 4(m) to serve the defendants. If they 14 do not, they risk dismissal of the action as to all defendants without prejudice. The court directs 15 Plaintiffs to serve all Defendants by December 6, 2012 and to file proof of service by December 13, 16 2012 (or to show good cause for the failure by that date). 17 The court will mail a copy of this order to Plaintiffs at their address of record and the second 18 address that Mr. Arim provided and that is reflected in the docket at the remark dated October 2, 19 2012. 20 IT IS SO ORDERED. 21 Dated: November 20, 2012 22 _______________________________ LAUREL BEELER United States Magistrate Judge 23 24 25 26 27 28 C 11-0544 LB ORDER TO SHOW CAUSE 2

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