Myrette-Crosley v. Clarion Mortgage Capital, Inc. et al

Filing 27

ORDER DISMISSING CLAIMS AGAINST CLARION MORTGAGE CAPITAL AND MTC FINANCIAL, AND CONCERNING PROOF OF SERVICE ON MERS. Clarion Mortgage Capital, Inc. and MTC Financial, Inc. terminated. Signed by Judge Claudia Wilken on 5/5/2011. (ndr, COURT STAFF) (Filed on 5/5/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-03523 CW
FAYE MYRETTE-CROSLEY,

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Plaintiff,
v.
CLARION MORTGAGE CAPITAL, INC., et
al.,

ORDER DISMISSING
CLAIMS AGAINST
CLARION MORTGAGE
CAPITAL AND MTC
FINANCIAL, AND
CONCERNING PROOF
OF SERVICE ON
MERS

Defendants.
/

United States District Court
For the Northern District of California

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On April 19, 2011, the Court directed Plaintiff Faye Myrette-

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Crosley to file proof that she served Defendants Clarion Mortgage

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Capital, Inc.; Mortgage Electronic Registration Systems, Inc.

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(MERS); and MTC Financial, doing business as Trustee Corps.

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Plaintiff has responded.

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Plaintiff states that, prior to removal of her case, she had

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dismissed Clarion and MTC Financial.

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claims against Clarion and MTC Financial are dismissed.

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Accordingly, Plaintiff’s

With regard to MERS, Plaintiff points to an unauthenticated

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printout of the state court docket sheet, which states, “PROOF OF

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PERSONAL SERVICE FILED ON COMPLAINT FILED 7/01/2010 OF FAYE

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MYRETTE-CROSLEY AS TO MORTGAGE ELECTRONICREGISTRATION SYSTEMS WITH

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SERVICE DATE OF 8/09/10.”

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any proof of service other than her printout of the docket sheet.

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This is not sufficient.

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affidavit.”

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days of the date of this Order, Plaintiff shall provide an

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Plaintiff states that she does not have

Proof of service “must be by the server’s

Fed. R. Civ. P. 4(l)(1).

Accordingly, within three

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affidavit by the process server demonstrating that she served MERS

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in accordance with Federal Rule of Civil Procedure 4.

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failure to comply with this Order will result in the dismissal of

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her claims against MERS.

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Plaintiff’s

IT IS SO ORDERED.

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Dated: 5/5/2011
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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