Iam v. Washington Mutual Bank, F.A. et al

Filing 9

NOTICE OF DEFICIENCY; ORDER CONTINUING Case Management Conference to 1/2/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Plaintiff shall file consent or declination by 11/16/2012. Plaintiff is ordered to provide the Clerk's Office with the current addresses of all defendants named in the first amended complaint by 12/3/2012. Signed by Judge Nathanael Cousins on 11/2/12. (Attachments: # 1 Consent/Declination, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 11/2/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 9 10 Plaintiff, 11 12 13 14 15 Case No. 12-cv-4106 NC JUDITH H. IAM, NOTICE OF DEFICIENCY; ORDER CONTINUING CASE MANAGEMENT CONFERENCE v. WASHINGTON MUTUAL BANK, F.A.; JP MORGAN CHASE BANK, N.A.; CHASE HOME FINANCE; CALIFORNIA RECONVEYANCE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; R.K. ARNOLD; and Does 1-20, 16 Defendants. 17 Plaintiff Judith Iam filed this action for wrongful foreclosure against defendants 18 19 Washington Mutual, JP Morgan Chase Bank, California Reconveyance Company, 20 Fidelity National Title Company, Mortgage Electronic Registration Systems, and 21 individual R.K. Arnold, President and CEO of Mortgage Electronic Registration Systems 22 on August 3, 2012. Compl., Dkt. No. 1. An initial case management conference is scheduled for November 7, 2012. As of 23 24 the date of this order, however, plaintiff has failed to provide the clerk’s office with the 25 current addresses of defendants and thus no defendant has been served. Plaintiff also has 26 not consented or declined to the jurisdiction of a magistrate judge, and plaintiff has not 27 filed a case management statement. 28 // Case No. 12-cv-4106 NC NOTICE OF DEFICIENCY 1 1. Defendants’ Addresses. Plaintiff is ordered to provide the Clerk’s Office with 2 the current addresses of all defendants named in the first amended complaint on or before 3 November 9, 2012. See Dkt. No. 6. Plaintiff is also advised that to comply with the 4 Federal Rules of Civil Procedure, service must be effectuated on defendants by December 5 3, 2012. Fed. R. Civ. P. 4(m) (“If a defendant is not served within 120 days after the 6 complaint is filed, the court–on motion or on its own after notice to the plaintiff–must 7 dismiss the action.”). 8 9 10 2. Consent/Declination to Jurisdiction. Plaintiff must consent or decline to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. § 636(c) by November 16, 2012. See consent/declination forms attached to this order. 11 3. Case Management Conference. The case management conference scheduled 12 for November 7, 2012 is continued to January 2, 2013 at 10:00 a.m. The parties must file 13 a joint case management conference statement one week prior to the case management 14 conference. 15 In light of her pro se status, the Court again advises plaintiff that she may wish to 16 seek assistance from the Legal Help Center, a free service of the Volunteer Legal 17 Services Program, by calling 415.782.9000 x8657 or signing up for an appointment on 18 the 15th floor of the Courthouse, Room 2796. At the Legal Help Center, plaintiff may 19 speak with an attorney who may be able to provide basic legal help, but not legal 20 representation. The Court also urges plaintiff to obtain a copy of the Pro Se Handbook, 21 available free of charge from the Court’s website (www.cand.uscourts.gov) or in the 22 Clerk’s Office on the 16th Floor, 450 Golden Gate Avenue, San Francisco, CA. 23 IT IS SO ORDERED. 24 25 DATED: November 2, 2012 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 26 27 28 Case No. 12-cv-4106 NC NOTICE OF DEFICIENCY 2

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