Malfatti et al v. Specialized Loan Servicing LLC

Filing 25

ORDER re 19 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Specialized Loan Servicing LLC, Set/Reset Deadlines as to 19 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearing set for 12/19/2013 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler.. Signed by Judge Laurel Beeler on 9/27/2013. (lblc1, COURT STAFF) (Filed on 9/27/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
ANTHONY MALFATTI and
CASA D’ORO MINISTRIES,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
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v.

No. C 13-287 LB
ORDER REQUIRING PROOF OF
SERVICE AND CONTINUING
HEARING

SPECIALIZED LOAN SERVICING LLC,;
HSBC BANK USA, as Trustee for the Holders
of the Deutsche Alt-A Securities, Inc.
Mortgage Loan Pass Through Certificates
2007-OA4; and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,

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Defendants.
_____________________________________
On August 8, 2013, Plaintiffs Anthony Malfatti and Casa D’Oro Ministries filed their first

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amended complaint in this action. ECF No. 15. In the amended complaint, Plaintiffs name two new

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defendants, Mortgage Electronic Registration Systems, Inc. (“MERS”), and HSBC Bank USA, as

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Trustee for the Holders of the Deutsche Alt-A Securities, Inc. Mortgage Loan Pass Through

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Certificates 2007-OA4 (“HSBC”). See id. Plaintiffs have until December 6, 2013 to serve the

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newly added defendants. See Fed. R. Civ. P. 4(m) (requiring service within 120 days of filing a

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complaint); see also McGuckin v. United States, 918 F.2d 811, 813 (9th Cir. 1990) (construing the

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120-day limit as running from the filing of the second amended complaint that named the United

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States as a new defendant). The court ORDERS Plaintiffs to comply with the requirements of

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Federal Rule of Civil Procedure 4(m) and file proof of service by December 9, 2013. If Plaintiffs
C 13-287 LB
ORDER

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fail to comply with this order, the court will dismiss the action without prejudice as to the recently

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named defendants.

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Rule 73(a) of the Federal Rules of Civil Procedure requires consent from all parties before a

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magistrate judge may exercise jurisdiction pursuant to 28 U.S.C. § 636(c). See In re Litigation

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Relating to the Riot of September 22, 1991 at the Maximum Security Unit of the Montana State

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Prison, 85 F.3d 637 (9th Cir. 1994); Caprera v. Jacobs, 790 F.2d 442, 443-44 (5th Cir. 1986).

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MERS and HSBC have not yet appeared or consented to the undersigned’s jurisdiction.

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Therefore, the court CONTINUES the scheduled October 17, 2013 hearing on Defendant

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Specialized Loan Servicing’s motion to dismiss until December 19, 2013.
IT IS SO ORDERED.

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Dated: September 27, 2013

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For the Northern District of California

UNITED STATES DISTRICT COURT

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 13-287 LB
ORDER

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