Hamza et al v. U.S. Bank National Association et al
Filing
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ORDER GRANTING PLAINTIFFS ADDITIONAL TIME TO RESPOND TO DEFENDANTS 16 MOTION TO DISMISS, ADDRESSING PROOF OF SERVICE AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/15/2012. Case Management Conference set for 8/22/2012 02:00 PM. Replies due by 6/27/2012.. Signed by Judge Claudia Wilken on 6/20/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 6/20/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ADE A. HAMZA; and MORENIKE HAMZA,
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United States District Court
For the Northern District of California
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Plaintiffs,
v.
U.S. BANK NATIONAL ASSOCIATION;
TERRY J. MOLLICA; NANCY L.
DOUGLAS; EUGENE J. CHIARELLI;
CHIARELLI & MOLLICA, LLP;
HOMEWARD RESIDENTIAL, INC.; DAVID
MARQUEZ; A.H.M.S., INC.; MATTHEW
A. ENGEL; PREMIER TRUST DEED
SERVICES, INC.; SAND CANYON
CORPORATION, formerly known as
OPTION ONE MORTGAGE CORPORATION;
TANYA HOPKINS; DAVID M.
APPELGATE; HOMEOWNERS FIRST, LLC;
JOHN G. STUMPF; WELLS FARGO BANK,
N.A.; JOSEPH C. GALLAGHER; STEVEN
G. ROGERS; and LARRY MATNEY,
No. C 12-1391 CW
ORDER GRANTING
PLAINTIFFS
ADDITIONAL TIME TO
RESPOND TO
DEFENDANTS’ MOTION
TO DISMISS,
ADDRESSING PROOF
OF SERVICE AND
CONTINUING CASE
MANAGEMENT
CONFERENCE
Defendants.
________________________________/
On February 22, 2012, Plaintiffs Morenik and Ade A. Hamza
initiated this action in the Alameda County Superior Court.
On March 20, 2012, Defendant Chiarelli & Mollica LLP, joined
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by Defendants Terry J. Mollica, Eugene J. Chiarelli and Nancy L.
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Douglas, removed the case to federal court.
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On May 31, 2012, Defendants Sand Canyon Corporation, formerly
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known as Option One Mortgage Corporation, Dale Sugimoto, and
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Matthew Engel filed a motion to dismiss the complaint.
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Plaintiffs’ response was due by June 18, 2012.
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of Civil Procedure 6(d); Civil Local Rule 7-3(a).
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See Federal Rule
Plaintiffs have not yet filed a response to Defendants’
motion to dismiss.
The Court grants Plaintiffs until one week
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from the date of this Order to do so.
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a response in compliance with this Order will result in the
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dismissal of their claims against these Defendants for failure to
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prosecute.
Plaintiffs’ failure to file
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The Court notes that it does not appear from the docket that
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Plaintiffs have served Defendants U.S. Bank National Association,
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Homeward Residential, Inc., David Marquez, A.H.M.S., Inc., Premier
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Trust Deed Services, Inc., Tanya Hopkins, David Appelgate,
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Homeowners First, LLC, John G. Stumpf, Wells Fargo Bank, N.A.,
United States District Court
For the Northern District of California
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Joseph C. Gallagher, Steven G. Rogers and Larry Matney.
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case of a removed action, a plaintiff must serve the summons and
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complaint within 120 days of the date of removal to federal
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court.”
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127434, at *22 (N.D. Cal.).
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remaining Defendants by July 18, 2012.
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proof of timely service upon these Defendants by July 20, 2012.
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If Plaintiffs fail to do so, their claims against these Defendants
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will be dismissed for failure to prosecute.
“In the
Cortez v. New Century Mortg. Corp., 2011 U.S. Dist. LEXIS
Thus, Plaintiffs must serve the
Plaintiffs shall file
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The case management conference currently set for June 27,
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2012 is hereby continued to Thursday, August 22, 2012 at 2:00 p.m.
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IT IS SO ORDERED.
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Dated: 6/20/2012
CLAUDIA WILKEN
United States District Judge
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