McBride et al v. First California Mortgage Company et al

Filing 39

ORDER REGARDING SERVICE. Signed by Judge Richard Seeborg on 5/30/13. (cl, COURT STAFF) (Filed on 5/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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No. C 12-04054 RS

GREGORY S. MCBRIDE and CONCETTA
MCBRIDE,

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ORDER REGARDING SERVICE
Plaintiffs,

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v.

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AURORA SERVICING COMPANY et al..,

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Defendants.
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Plaintiffs have twice moved for entry of default, and the Clerk’s Office has twice denied
their request. As plaintiffs showed no attempt to correct any problem in service, they were directed
to show cause why defendants Mortgage Electronic Registration System, Inc., Luminent Mortgage
Loan Trust and HSBC Bank, N.A had not yet appeared in this case. Mortgage Electronic
Registration System, Inc. has since made an appearance. Plaintiffs’ counsel failed to appear at the
hearing scheduled for May 30, 2013 on this matter. This failure alone could provide a basis for
dismissal, but as counsel timely filed a declaration, dismissal shall not be ordered.
Counsel’s declaration explained the circumstances of plaintiffs’ attempts at service, but
provided no legal basis on which to conclude that service was adequate. Within the next thirty (30)
days, plaintiffs must either endeavor to correct the problems in service identified by the Clerk’s

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No. C 12-04054 RS
ORDER

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Office or file a properly noticed motion that demonstrates service has been accomplished. Failure to

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abide by this Order may result in the dismissal of Luminent Mortgage Loan Trust and HSBC Bank,

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N.A. without further notice.

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IT IS SO ORDERED.
Dated: 5/30/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. C 12-04054 RS
ORDER