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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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DONALD DIMITRUK, et al.,
Plaintiffs,

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Case No.: C-12-04117 JSC
ORDER TO SHOW CAUSE

v.

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MORTGAGEIT, INC., et al.,
Defendants.

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

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lawsuit against Defendants Mortgaeit, Inc., Indy Mac Federal Bank, FSB, Indymac Mortgage

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

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

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was moved to December 20, 2012 after Plaintiffs requested a continuance, citing the need for

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additional time “for out of court mediation proceedings between named plaintiffs and defendant.”

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(See Dkt. Nos. 9-11.) On December 19, 2012, Plaintiffs again requested a continuance of the CMC,

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repeating the assertion that additional time was needed “for out of court mediation proceedings

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between named plaintiffs and defendant.” (Dkt. No. 14.) The Court continued the CMC to January

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24, 2013. (Dkt. No. 15.) At the January 24, 2013 CMC, one of the Plaintiffs was present, but

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Plaintiffs’ counsel failed to appear.

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

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

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

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action.

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

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

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

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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

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

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

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lawsuit.

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IT IS SO ORDERED.

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

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