Dimitruk et al v. Mortgageit, Inc. et al

Filing 17

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)

Download PDF
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 13 DONALD DIMITRUK, et al., Plaintiffs, 14 15 Case No.: C-12-04117 JSC ORDER TO SHOW CAUSE v. 16 17 18 MORTGAGEIT, INC., et al., Defendants. 19 20 On August 6, 2012, Plaintiffs, who are represented by counsel, filed this home mortgage 21 lawsuit against Defendants Mortgaeit, Inc., Indy Mac Federal Bank, FSB, Indymac Mortgage 22 Services, and Mortgage Electronic Registration System, Inc. (Dkt. No. 1.) An initial Case 23 Management Conference (“CMC”) was scheduled for November 29, 2012. The CMC, however, 24 was moved to December 20, 2012 after Plaintiffs requested a continuance, citing the need for 25 additional time “for out of court mediation proceedings between named plaintiffs and defendant.” 26 (See Dkt. Nos. 9-11.) On December 19, 2012, Plaintiffs again requested a continuance of the CMC, 27 repeating the assertion that additional time was needed “for out of court mediation proceedings 28 between named plaintiffs and defendant.” (Dkt. No. 14.) The Court continued the CMC to January 1 24, 2013. (Dkt. No. 15.) At the January 24, 2013 CMC, one of the Plaintiffs was present, but 2 Plaintiffs’ counsel failed 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?