Culannay et al v. Freddie Mac Fixed to Floating Rate Non Cumulative Perpetual Preferred Stock et al

Filing 11

ORDER Rescheduling Hearing on Defendant's Motion to Dismiss 4 and Plaintiffs' Motion to Remand 9 to November 15, 2012, and Directing Service of Process(lblc1, COURT STAFF) (Filed on 7/13/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
REYNALDO CULANNAY, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
v.

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FREDDIE MAC FIXED TO FLOATING
RATE NON CUMULATIVE PERPETUAL
PREFERRED STOCK, et al.,

No. C 12-03120 LB
ORDER RESCHEDULING MOTION TO
DISMISS AND MOTION TO REMAND
HEARING TO NOVEMBER 15, 2012,
AND DIRECTING SERVICE OF
PROCESS

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Defendants.
_____________________________________/
Defendant Credit Suisse removed this lawsuit from Contra Costa County Superior Court on June

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15, 2012. See Notice of Removal, ECF No. 1. Credit Suisse filed a motion to dismiss on June 21,

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2012 that is set for a hearing on August 2, 2012. See Mot. To Dismiss, ECF No. 4. Plaintiffs have

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not complied with Local Civil Rule 7-3, which required them to file an Opposition or Statement of

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Nonopposition by July 5, 2012.

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On July 2, 20120, Plaintiffs filed a Motion to Remand and for Attorneys Fees. Mot. to Remand,

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ECF No. 9. Plaintiffs Motion to Remand was noticed for hearing on August 2, 2012, in violation of

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Local Civil Rule 7-2(a) (“all motions must be filed, served and noticed in writing on the motion

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calendar of the assigned Judge for hearing not less than 35 days after service of the motion”).

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Finally, while Credit Suisse has consented to this court's jurisdiction, there is an outstanding

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June 27 reminder to Plaintiffs to consent or decline. See Consent (Credit Suisse), ECF No. 8;

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Clerk’s Notice re Consent, ECF No. 7. Defendants Freddie Mac Fixed to Floating Rate Non
Cumulative Perpetual Preferred Stock, Federal Home Loan Mortgage Corporation, Computer Share
No. C 12-03120 LB
ORDER RESCHEDULING HEARING

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Trust Company, N.A., Washington Mutual, Bank, FA, Lehman Brothers, Goldman Sachs & Co.,

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Banc of America Securities, LLC, CITI, Deutsche Bank Securities, Morgan Stanley, USB

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Investment Bank, and Quality Loan Service Corporation, have not appeared, and the docket does not

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reflect that they have been served. The 120-day period to serve them expires on October 15, 2012

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(because the exact date falls on a weekend). See Fed. R. Civ. P. 4(m).

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Under the circumstances, the court vacates both August 2, 2012 hearings and re-sets them to

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November 15, 2012, at 11:00 a.m. Plaintiff is directed to serve each Defendant by October 15, 2012

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and to file proof of service by October 18, 2012. Pursuant to Federal Rule of Civil Procedure 4(m),

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the court may dismiss any Defendant for which proof of service is not timely filed.

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Dated: July 13, 2012
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.

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No. C 12-03120 LB
ORDER RESCHEDULING HEARING

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