Reyes et al v. WMC Mortgage Corporation et al

Filing 68

ORDER EXTENDING DEADLINE FOR PLAINTIFFS AMENDED COMPLAINT. Amended Pleadings due by 4/25/2012. Signed by Judge Claudia Wilken on 4/10/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/10/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 JOSE REYES, an individual; LOURDES SANTOS-REYES, an individual, 12 13 14 15 16 17 18 19 20 21 Plaintiffs, No. C 11-1988 CW ORDER EXTENDING DEADLINE FOR PLAINTIFFS’ AMENDED COMPLAINT v. WMC MORTGAGE CORPORATION, a California Corporation; OCWEN LOAN SERVICING LLC, a Delaware Limited Liability Company; WELLS FARGO BANK, N.A.; TD SERVICE COMPANY, a Business Entity, form unknown; CRESTLINE FINANCIAL & MARKETING SERVICE, a Business Entity, form unknown; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation, Defendants. ________________________________/ On March 23, 2012, the Court ordered Plaintiffs, pursuant to 22 Local Rule 3-11(b), to provide the Court with a current address. 23 Rule 3-11(b) requires the attorney or pro se party to submit to 24 the Court, within sixty days of returned mail, a written 25 communication indicating a current address, or face dismissal of 26 the case without prejudice for failure to prosecute. 27 have failed to comply thus far. 28 Plaintiffs 1 On March 28, 2012, the Court granted the motions to dismiss 2 submitted by Defendants Ocwen Loan Servicing, LLC; Wells Fargo 3 Bank, N.A., as Trustee for the Pooling and Servicing Agreement 4 Dated as of June 1, 2004 Merrill Lynch Mortgage Investors Trust 5 Mortgage Loan Asset-Backed Certificates, Series 2004-WMC4, 6 erroneously sued as Wells Fargo Bank, N.A.; Mortgage Electronic 7 Registration Systems, Inc.; and WMC Mortgage Corporation. 8 Court allowed Plaintiffs until April 11, 2012, two weeks following 9 the date of the order, to file an amended complaint. The The Court’s United States District Court For the Northern District of California 10 March 28, 2012 order was mailed to pro se Plaintiffs at their 11 address of record, 2613 Glen Harwick Court, San Jose, CA 95148- 12 2541. 13 undeliverable. 14 However, on April 6, 2012, the mail was returned as On April 9, 2012, the Court resent the order to a second, 15 possible address for Plaintiffs, provided by Defendants, 1625 16 Tully Road #A, San Jose, CA 95122. 17 mailing, the Court extends the deadline for Plaintiffs to amend 18 their complaint to April 25, 2012. 19 Given the date of this second Again, Plaintiffs are reminded of their obligation to update 20 their address of record, or face dismissal of their action for 21 failure to prosecute. 22 IT IS SO ORDERED. 23 24 25 Dated: 4/10/2012 CLAUDIA WILKEN United States District Judge 26 27 28 2

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