Bonner v. Select Portfolio Servicing, Inc. et al

Filing 25

ORDER DISMISSING DEFENDANTS THAT HAVE NOT BEEN SERVED TIMELY, REFERRING CASE TO MAGISTRATE JUDGE FOR ALL PURPOSES AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Claudia Wilken on 10/25/2010. (cwlc2, COURT STAFF) (Filed on 10/25/2010)

Bonner v. Select Portfolio Servicing, Inc. et al

Doc. 25

1 2 3 4 5 6 7 8 9 10 United 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.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CHARLES A. BONNER, Plaintiff, No. 10-00609 CW ORDER DISMISSING DEFENDANTS THAT HAVE NOT BEEN SERVED TIMELY, REFERRING CASE TO MAGISTRATE JUDGE FOR ALL PURPOSES AND VACATING CASE MANAGEMENT CONFERENCE

SELECT PORTFOLIO SERVICING, INC., et al., Defendants. /

On July 26, 2010, the Court granted Defendants Select Portfolio Servicing, Inc.; Timothy J. O'Brien; Jason H. Miller; and Matthew L. Hollingsworth's motion to dismiss Plaintiff Charles A. Bonner's complaint. Plaintiff was given leave to amend to cure the The Court noted that

deficiencies identified in the Court's Order.

it did not appear that Plaintiff had served Defendants Bryan M. Marshall, Encore Credit Corp. and Option One Mortgage Corp., and directed him to provide proof of service as to these Defendants. Plaintiff was warned that, if he did not do so, his claims against these Defendants would be dismissed without prejudice. Plaintiff timely filed an amended complaint, and Defendants Select Portfolio Servicing, O'Brien, Miller and Hollingsworth answered. However, Plaintiff did not offer proof that he timely

served Defendants Marshall, Encore Credit Corp. or Option One Mortgage Corp., and they have not appeared in this action. Accordingly, Plaintiff's claims against these unserved Defendants are dismissed without prejudice.

Dockets.Justia.com

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

In their Joint Case Management Statement, Plaintiff and the answering Defendants state that they consent to the jurisdiction of a Magistrate Judge for all purposes. Consequently, pursuant to

Civil Local Rule 72-1 and the consent of parties, IT IS HEREBY ORDERED that the above-captioned case be referred for all further proceedings in the case, including trial, and the entry of a final judgment to a Magistrate Judge to be heard and considered at the convenience of his or her calendar. Counsel will be advised of the

date, time and place of appearance by notice from the assigned Magistrate Judge. The case management conference, scheduled for October 26, 2010 at 2:00 p.m., is VACATED. IT IS SO ORDERED.

Dated: October 25, 2010 CLAUDIA WILKEN United States District Judge

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