Hamza et al v. U.S. Bank National Association et al

Filing 20

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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 ADE A. HAMZA; and MORENIKE HAMZA, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 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 20 by Defendants Terry J. Mollica, Eugene J. Chiarelli and Nancy L. 21 Douglas, removed the case to federal court. 22 On May 31, 2012, Defendants Sand Canyon Corporation, formerly 23 known as Option One Mortgage Corporation, Dale Sugimoto, and 24 Matthew Engel filed a motion to dismiss the complaint. 25 Plaintiffs’ response was due by June 18, 2012. 26 of Civil Procedure 6(d); Civil Local Rule 7-3(a). 27 28 See Federal Rule Plaintiffs have not yet filed a response to Defendants’ motion to dismiss. The Court grants Plaintiffs until one week 1 from the date of this Order to do so. 2 a response in compliance with this Order will result in the 3 dismissal of their claims against these Defendants for failure to 4 prosecute. Plaintiffs’ failure to file 5 The Court notes that it does not appear from the docket that 6 Plaintiffs have served Defendants U.S. Bank National Association, 7 Homeward Residential, Inc., David Marquez, A.H.M.S., Inc., Premier 8 Trust Deed Services, Inc., Tanya Hopkins, David Appelgate, 9 Homeowners First, LLC, John G. Stumpf, Wells Fargo Bank, N.A., United States District Court For the Northern District of California 10 Joseph C. Gallagher, Steven G. Rogers and Larry Matney. 11 case of a removed action, a plaintiff must serve the summons and 12 complaint within 120 days of the date of removal to federal 13 court.” 14 127434, at *22 (N.D. Cal.). 15 remaining Defendants by July 18, 2012. 16 proof of timely service upon these Defendants by July 20, 2012. 17 If Plaintiffs fail to do so, their claims against these Defendants 18 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 19 The case management conference currently set for June 27, 20 2012 is hereby continued to Thursday, August 22, 2012 at 2:00 p.m. 21 IT IS SO ORDERED. 22 23 24 Dated: 6/20/2012 CLAUDIA WILKEN United States District Judge 25 26 27 28 2

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