Briosos v. Wells Fargo Bank, National Association

Filing 32

ORDER CONTINUING HEARING [REPLACES ECF NO. 31]. Signed by Judge Beeler on 3/15/2011. (lblc1, COURT STAFF) (Filed on 3/16/2011)

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Briosos v. Wells Fargo Bank, National Association Doc. 32 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division FERNANDO BRIOSOS, Plaintiff, v. WELLS FARGO BANK, and FIDELITY NATIONAL TITLE INSURANCE CO, Defendants. _____________________________________/ On January 20, 2011, Plaintiff Fernando Briosos filed his second amended complaint. ECF No. 28. In his second amended complaint, Briosos adds a quiet title claim against a new defendant, Fidelity National Title Insurance, Co. Id. at 8, 54. Briosos has until April 20, 2011 to serve Fidelity National. Fed. R. Civ. P. 4(m) (setting 120-day time frame by which pleadings must be served); see also McGuckin v. United States, 918 F.2d 811, 813 (9th Cir. 1990) (construing the 120day limit of Rule 4(j) as running from the filing of the second amended complaint that named the United States as a new defendant). The court ORDERS Briosos to comply with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure and to file proof of service by April 27, 2011. If Briosos fails to comply with this order, the court will dismiss the action without prejudice as to Fidelity National. Fed. R. Civ. P. 4(m). Rule 73(a) of the Federal Rules of Civil Procedure requires consent from all parties before a magistrate judge may exercise jurisdiction pursuant to Section 636(c) of Title 28 of the United States ORDER CONTINUING HEARING (C 10-02834 LB) No. C 10-02834 LB ORDER CONTINUING HEARING ON MOTION TO DISMISS [ECF No. 29] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California Code. See In re Litigation Relating to the Riot of September 22, 1991 at the Maximum Security Unit of the Montana State Prison, 85 F.3d 637 (9th Cir. 1994) (unpublished table decision); Caprera v. Jacobs, 790 F.2d 442, 443-44 (5th Cir. 1986). Fidelity National has not yet appeared or consented to the undersigned's jurisdiction. Therefore, the court CONTINUES the scheduled April 7, 2011 hearing on Defendant Wells Fargo Bank's motion to dismiss until May 5, 2011. The current briefing schedule stands. IT IS SO ORDERED. Dated: March 15, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER CONTINUING HEARING (C 10-02834 LB) 2

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