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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,

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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,

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Defendants.

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Plaintiff Judith Iam filed this action for wrongful foreclosure against defendants

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Washington Mutual, JP Morgan Chase Bank, California Reconveyance Company,

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Fidelity National Title Company, Mortgage Electronic Registration Systems, and

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individual R.K. Arnold, President and CEO of Mortgage Electronic Registration Systems

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on August 3, 2012. Compl., Dkt. No. 1.
An initial case management conference is scheduled for November 7, 2012. As of

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the date of this order, however, plaintiff has failed to provide the clerk’s office with the

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current addresses of defendants and thus no defendant has been served. Plaintiff also has

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not consented or declined to the jurisdiction of a magistrate judge, and plaintiff has not

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filed a case management statement.

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//
Case No. 12-cv-4106 NC
NOTICE OF
DEFICIENCY

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1. Defendants’ Addresses. Plaintiff is ordered to provide the Clerk’s Office with

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the current addresses of all defendants named in the first amended complaint on or before

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November 9, 2012. See Dkt. No. 6. Plaintiff is also advised that to comply with the

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Federal Rules of Civil Procedure, service must be effectuated on defendants by December

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3, 2012. Fed. R. Civ. P. 4(m) (“If a defendant is not served within 120 days after the

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complaint is filed, the court–on motion or on its own after notice to the plaintiff–must

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dismiss the action.”).

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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.

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3. Case Management Conference. The case management conference scheduled

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for November 7, 2012 is continued to January 2, 2013 at 10:00 a.m. The parties must file

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a joint case management conference statement one week prior to the case management

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conference.

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In light of her pro se status, the Court again advises plaintiff that she may wish to

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seek assistance from the Legal Help Center, a free service of the Volunteer Legal

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Services Program, by calling 415.782.9000 x8657 or signing up for an appointment on

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the 15th floor of the Courthouse, Room 2796. At the Legal Help Center, plaintiff may

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speak with an attorney who may be able to provide basic legal help, but not legal

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representation. The Court also urges plaintiff to obtain a copy of the Pro Se Handbook,

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available free of charge from the Court’s website (www.cand.uscourts.gov) or in the

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Clerk’s Office on the 16th Floor, 450 Golden Gate Avenue, San Francisco, CA.

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IT IS SO ORDERED.

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DATED: November 2, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 12-cv-4106 NC
NOTICE OF
DEFICIENCY

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