Page et al v. Performance Debt Resolution et al

Filing 26

ORDER ADDRESSING SERVICE UPON DEFENDANT PERFORMANCE DEBT RESOLUTION. Signed by Judge Claudia Wilken on 1/31/2013. (ndr, COURT STAFF) (Filed on 1/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SHAWN D. PAGE; and KRISTIN E.
PAGE,

v.

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PERFORMANCE DEBT RESOLUTION; LAW
OFFICES OF HERBERT DAVIS; and
HERBERT DAVIS, ESQ.,
Defendants.

United States District Court
For the Northern District of California

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ORDER ADDRESSING
SERVICE UPON
DEFENDANT
PERFORMANCE DEBT
RESOLUTION

Plaintiffs,

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No. C 12-4029 CW

________________________________/
On July 31, 2012, Plaintiffs Shawn D. Page and Kristin E.

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Page initiated this action against Defendants Performance Debt
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Resolution, the Law Offices of Herbert Davis and Herbert Davis,
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Esq.

Docket No. 1.

Plaintiffs filed proof of timely service upon

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Davis and the Law Offices of Herbert Davis and, after these
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Defendants failed to answer, default was entered against them.
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Docket Nos. 5, 6, 11.

Plaintiffs have moved for default judgment

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against these Defendants; their motion remains pending.

Docket

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No. 17.
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Plaintiffs have not filed proof of timely service as to
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Performance Debt Resolution and it appears that this Defendant has
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not yet been served.

See Docket No. 9 (process server’s return of

unexecuted summons).

Pursuant to Federal Rule of Civil Procedure

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4(m), service of process should have been perfected by November
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28, 2012.
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Within three days of the date of this Order, Plaintiffs shall
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file proof of timely service on Performance Debt Resolution or a
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motion to extend time for service, so long as Plaintiffs can

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demonstrate good cause for an extension.

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comply with this Order will result in the dismissal of their

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claims against this Defendant for failure to prosecute.

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Alternatively, Plaintiffs may voluntarily dismiss their claims

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against this Defendant pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A).

Plaintiffs’ failure to

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The Court notes that, if Plaintiffs request and receive

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additional time to serve Performance Debt Resolution, judgment may

United States District Court
For the Northern District of California

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not enter in this action until their claims against all

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Defendants, including Performance Debt Resolution, are resolved.

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See Fed. R. Civ. P. 54(b).

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IT IS SO ORDERED.

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Dated: 1/31/2013

CLAUDIA WILKEN
United States District Judge

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