Kinann et al v. Centex Home Equity Company et al

Filing 40

ORDER to Show Cause. Signed by Judge Hamilton on 3/25/2011. (pjhlc2, COURT STAFF) (Filed on 3/25/2011)

Kinann et al v. Centex Home Equity Company et al

Doc. 40

1 2 3 4 5 6 7 8 9 10 v. CENTEX HOME EQUITY COMPANY, et al., Defendants. _______________________________/ On June 14, 2010, plaintiffs filed the original complaint in this action. More than four 13 months later, however, plaintiffs have yet to file proof of service with the court 14 demonstrating the requisite service of the complaint and summons upon defendant All 15 Fund Mortgage ("All Fund"). Pursuant to the federal rules of civil procedure, plaintiffs were 16 required to complete service of the summons and complaint "within 120 days after the filing 17 of the complaint," or else risk dismissal of the action as to defendant. See Fed. R. Civ. 18 Proc. 4(l, m). 19 Having thus far failed to demonstrate proper service of the summons and complaint 20 upon defendant All Fund, the court hereby orders plaintiffs to show cause, via letter brief to 21 this court within ten days of the date of this order, why the complaint should not be 22 dismissed against All Fund for failure to effect service of process. Plaintiffs are further 23 advised that if they fail to timely respond to this court's order, the complaint will be 24 dismissed as to All Fund with no further hearing or briefing. 25 IT IS SO ORDERED. 26 Dated: March 25, 2011 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge ROBERT KINANN, et al., Plaintiffs, No. C 10-2608 PJH ORDER TO SHOW CAUSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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