Crawford v. Greenpoint Mortgage Funding Inc et al

Filing 16

ORDER TO SHOW CAUSE. Show Cause Response due by 2/7/2013. Order to Show Cause Hearing set for 2/14/2013 09:00 AM, Courtroom F, 15th Floor, 450 Golden Gate Ave in San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 1/24/2013. (ahm, COURT STAFF) (Filed on 1/25/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

Northern District of California

United States District Court

11
12

TY CRAWFORD, et al.,

13
14

Plaintiffs,

Case No.: C-12-04116 JSC
ORDER TO SHOW CAUSE

v.

15
16
17
18

GREENPOINT MORTGAGE
FUNDING, INC., et al.,
Defendants.

19
20

On August 6, 2012, Plaintiffs, who are represented by counsel, filed this home mortgage

21

lawsuit against Defendants Greenpoint Mortgage Funding, Inc., JPMorgan Chase Bank, N.A., and

22

Mortgage Electronic Registration System, Inc. (Dkt. No. 1.) An initial Case Management

23

Conference (“CMC”) was scheduled for November 29, 2012. The CMC, however, was moved to

24

December 20, 2012 after Plaintiffs requested a continuance, citing the need for additional time “for

25

out of court mediation proceedings between named plaintiffs and defendant.” (See Dkt. Nos. 9, 10.)

26

On December 19, 2012, Plaintiffs again requested a continuance of the CMC, repeating the assertion

27

that additional time was needed “for out of court mediation proceedings between named plaintiffs

28

and defendant.” (Dkt. No. 13.) The Court continued the CMC to January 24, 2013. (Dkt. No. 14.)

1

At the January 24, 2013 CMC, at least one of the Plaintiffs was present, but Plaintiffs’ counsel failed

2

to appear.

3

Additionally, Federal Rule of Civil Procedure 4(m) generally requires that a defendant be

4

served within 120 days after the complaint is filed. Here, however, it has been more than 120 days

5

since the complaint was filed and, as of the date of this Order, no Defendant has been served in this

6

action.

7

Based on the foregoing, the Court HEREBY ORDERS Plaintiffs to show cause as to (1) why

8

Plaintiffs’ counsel failed to appear at the January 24, 2013 CMC, and (2) why this action should not

9

be dismissed without prejudice due to Plaintiffs’ failure to comply with Rule 4(m).

10

The Court sets a hearing on the Order to Show Cause for February 14, 2013 at 9:00 a.m.

Northern District of California

United States District Court

11

Plaintiffs’ counsel must appear in person. Plaintiffs are further ordered to file a written response to

12

this Order by February 7, 2013. Failure to comply with this Order may result in dismissal of the

13

lawsuit.

14
15

IT IS SO ORDERED.

16
17

Dated: January 24, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28

2