Smith v. GMAC Mortgage, LLC et al

Filing 13

ORDER DISMISSING PLAINTIFFS CLAIMS AGAINST DEFENDANTS GMAC MORTGAGE AND ETS SERVICES FOR FAILURE TO PROSECUTE AND DENYING AS MOOT GMAC MORTGAGE AND ETS SERVICESS 10 MOTION TO DISMISS. Signed by Judge Claudia Wilken on 11/30/2010. (ndr, COURT STAFF) (Filed on 11/30/2010)

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Smith v. GMAC Mortgage, LLC et al Doc. 13 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. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 10-04235 CW ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANTS GMAC MORTGAGE AND ETS SERVICES FOR FAILURE TO PROSECUTE AND DENYING AS MOOT GMAC MORTGAGE AND ETS SERVICES'S MOTION TO DISMISS (Docket No. 10) WILLIAM L. SMITH, Plaintiff, GMAC MORTGAGE, LLC, et al., Defendants. / On October 21, 2010, Defendants GMAC Mortgage, LLC, and ETS Services, LLC, moved to dismiss Plaintiff William L. Smith's complaint. In the Court's Order of November 17, 2010, Plaintiff was warned that his claims against these Defendants would be dismissed for failure to prosecute if he failed to file an opposition to their motion by November 24, 2010. file an opposition. Accordingly, Plaintiff's claims against Defendants GMAC Mortgage, LLC, and ETS Services, LLC, are dismissed without prejudice for failure to prosecute. moot. (Docket No. 10.) The remaining Defendants in this action are Innovative Mortgage, Vinson T. Lui and SBMC Mortgage. not appeared. These Defendants have Their motion is DENIED as Plaintiff did not Plaintiff has until January 18, 2011, which is 120 days after his case was removed from state court, to serve these Defendants. See 28 U.S.C. 1448; Fed. R. Civ. P. 4(m). If, by 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 January 21, 2011, these Defendants have not appeared or Plaintiff has not filed proof that he has served these Defendants, his action will be dismissed for failure to prosecute. IT IS SO ORDERED. Dated: 11/30/2010 CLAUDIA WILKEN United States District Judge 2

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