Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 322

ORDER CONTINUING COMPLIANCE HEARING re 317 Order. Compliance Hearing set for 12/20/2012 is CONTINUED to 1/25/2013 09:01 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 12/20/12. (fs, COURT STAFF) (Filed on 12/20/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALLY BANK, FIDELITY NATIONAL TITLE
INSURANCE COMPANY, ET AL.,

Case No.: 11-CV-896 YGR
ORDER CONTINUING COMPLIANCE HEARING

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Plaintiffs,
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Northern District of California

United States District Court

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vs.
JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, ET AL.,
Defendants.

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The compliance hearing set for December 21, 2012, is CONTINUED to January 25, 2013, at
9:01 a.m.
At the Case Management conference held October 22, 2012, the Court ordered Plaintiffs’

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counsel to “submit [a] statement by 11/9/12 regarding service of the 5 unserved defendants” and set a
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compliance hearing on November 16, 2012. (See Minutes, Dkt No. 281.) That compliance hearing
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has since been continued twice, most recently to December 21, 2012, to permit Plaintiffs to complete
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service on these defendants.
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In their latest status report, Plaintiffs represent that they have served all but two of the
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currently named defendants, “Bug Realty”1 and George Larsen. They also indicate that they intend
to seek an order permitting service by publication as to George Larsen.
Plaintiffs have until January 11, 2013, to file proof service, a motion for service by
publication, or voluntary dismissal of the unserved defendants. Any motion for service by

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The Court notes that “Bug Realty” does not appear to be a named defendant, and Plaintiffs filed a
proof of service on named Defendant Bug Real Estate, Inc. on November 4, 2011. (Dkt. No. 88-5). These
discrepancies are not explained in Plaintiffs’ reports to date.

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publication must provide specific details of service attempts and efforts to locate an address for

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service. The Court notes that both unserved defendants appear to have close relationships with other

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defendants herein who have previously appeared in this litigation. Reasonable diligence would

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require exhausting those avenues for locating and serving the unserved defendants.

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Plaintiffs shall also file a status report no later than January 11, 2013, regarding the status
of service of these two remaining unserved defendants.
If the Court is satisfied with Plaintiffs’ status report and compliance efforts, it will notify
Plaintiffs’ counsel that the hearing is vacated. Otherwise, appearance will be required.
Failure to comply with this order may result in sanctions.
IT IS SO ORDERED.

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United States District Court
Northern District of California

Dated: December 20, 2012
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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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