Bouyer et al v. Countrywide Bank

Filing 43

ORDER OF DISMISSAL. Signed by Judge Hamilton on 10/15/2009. (pjhlc1, COURT STAFF) (Filed on 10/15/2009) (Additional attachment(s) added on 10/16/2009: # 1 Certificate of Service) (nah, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 MITCHELL E. BOUYER, SR., et al., Plaintiffs, v. COUNTRYWIDE BANK, et al., Defendants. _______________________________/ Plaintiffs filed the above-entitled action on December 15, 2008, against defendant Countrywide Bank. On April 27, 2009, plaintiffs filed a first amended complaint, adding Diablo Funding Group as a defendant. On June 25, 2009, the court dismissed the claims against Countrywide with prejudice. To date, plaintiffs have failed to file a proof of service of the summons and complaint on defendant Diablo Funding Group. Moreover, the clerk's docket for this case indicates that no process has been issued. Accordingly, the court finds that the claims against Diablo Funding Group must be dismissed pursuant to Federal Rule of Civil Procedure 4(m), for failure to serve the summons and complaint within 120 days of the date of filing the complaint. No. C 08-5583 PJH ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 15, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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