Coppedge et al v. PHH Mortgage Corporation et al

Filing 11

ORDER. Signed by Judge Laurel Beeler on 1/5/2016. (lblc2, COURT STAFF) (Filed on 1/5/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

San Francisco Division

United States District Court
Northern District of California

11
12

BRIAN COPPEDGE, et al.,

Case No. 3:15-cv-04945-LB

Plaintiffs,
13

ORDER

v.

Re: ECF No. 10

14
15

PHH MORTGAGE CORPORATION, et al.,
Defendants.

16
17

The plaintiffs originally sued PHH Mortgage Company on April 21, 2015 in state court to

18

quiet title. (See Notice of Removal, ECF No.1; Joint Status Update, ECF No. 10.) The original

19

complaint did not name HUD. (Joint Status Update, ECF No. 10.) Before they served PHH, PHH

20

transferred title to HUD, and the plaintiffs then filed a first amended complaint adding HUD as a

21

defendant. (See id.; First Amended Complaint, ECF No. 1-1.) Thus, PHH is not a property owner

22

of record, the plaintiffs are not now proceeding against PHH, and they plan to file an amended

23

complaint only if and when PHH becomes the property owner of record. (See Joint Status Update,

24

ECF No. 10 at 2.) Under the circumstances, and given that PHH has not been served and the

25

plaintiffs do not intend to serve them currently, the court’s inclination is that it should dismiss

26

PHH without prejudice under Federal Rule of Civil Procedure 4(m). By January 14, 2016, the

27

parties must confer and then file a short joint statement with their positions on this approach.

28
ORDER (No. 3:15-cv-04945-LB)

1

IT IS SO ORDERED.

2

Dated: January 5, 2016
______________________________________
LAUREL BEELER
United States Magistrate Judge

3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
ORDER (No. 3:15-cv-04945-LB)