Mulato v. WMC Mortgage Corp. et al

Filing 23

ORDER DISMISSING Plaintiff's Claims Against Defendants WMC Mortgage Corp., Litton Loan Servicing LP, California Combo Mortgage, DMW Realty and Enrique Alvarez. Signed by Judge Claudia Wilken on 12/17/2009. (cwlc2, COURT STAFF) (Filed on 12/17/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WMC MORTGAGE CORP.; LITTON LOAN SERVICING LP; JP MORGAN CHASE BANK, N.A.; CHASE HOME FINANCE LLP; CALIFORNIA COMBO MORTGAGE; DMW REALTY; ENRIQUE ALVAREZ; RESURGENT CAPITAL SERVICES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants. / VINCENTA MULATO, Plaintiff, No. C 09-03443 CW ORDER DISMISSING CLAIMS AGAINST DEFENDANTS WMC MORTGAGE CORP., LITTON LOAN SERVICING LP, CALIFORNIA COMBO MORTGAGE, DMW REALTY AND ENRIQUE ALVAREZ IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

In its Order of October 27, 2009, the Court noted that its records did not show that Plaintiff had served WMC Mortgage Corp., Litton Loan Servicing, California Combo Mortgage, DMW Realty and Enrique Alvarez within 120 days of filing her original complaint as required by Federal Rule of Civil Procedure 4(m). (Docket No. 11.)

The Court thereby ordered Plaintiff to serve her amended complaint on all Defendants within ten days of filing it and warned that her failure to comply with the order would result in dismissal with prejudice. Plaintiff filed her amended complaint on November 16, 2009. The ten-day period for Plaintiff to serve the abovementioned

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants has passed and there are no proofs of service before the Court to show that these Defendants were properly served. Accordingly, the Court dismisses with prejudice Plaintiff's claims against WMC Mortgage Corp., Litton Loan Servicing, California Combo Mortgage, DMW Realty and Enrique Alvarez. Defendants JP Morgan Chase Bank, N.A. and Chase Home Finance LLP (collectively, Chase) have filed a motion to dismiss Plaintiff's amended complaint. Defendant Resurgent Capital As noted in the Clerk's

Services has joined in Chase's motion.

Notice of December 4, 2009, Plaintiff's opposition to this motion will be due December 17, 2009, and any reply will be due December 24, 2009. papers. IT IS SO ORDERED. This motion will be taken under submission on the

Dated: December 17, 2009 CLAUDIA WILKEN United States District Judge

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