Fung et al v. BSI Financial Services et al

Filing 24

ORDER TO PLAINTIFFS TO SHOW CAUSE RE DISMISSAL AND ORDER VACATING CASE MANAGEMENT CONFERENCE AND HOLDING PENDING MOTIONS IS ABEYANCE PENDING SERVICE. Signed by Judge Jeffrey S. White on 3/13/17. Show Cause Response due by 3/27/2017.(jjoS, COURT STAFF) (Filed on 3/13/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

STERLYNG EDWARD FUNG, et al.,
Plaintiffs,

8
9
10

v.
BSI FINANCIAL SERVICES, et al.,
Defendants.

11
United States District Court
Northern District of California

Case No.16-cv-07194-JSW
ORDER TO PLAINTIFFS TO SHOW
CAUSE RE DISMISSAL AND ORDER
VACATING CASE MANAGEMENT
CONFERENCE AND HOLDING
PENDING MOTIONS IN ABEYANCE
PENDING SERVICE

12
13

On February 6, 2017, the Court ordered Plaintiffs, by February 13, 2017, to file a brief

14

statement regarding the status of service on Defendant Mortgage Electronic Registration Systems,

15

Inc. (“MERS”). Plaintiffs did not comply with that order. In the joint case management statement

16

filed March 10, 2017, however, Plaintiffs stated: “Defendant Mortgage Electronic Registration

17

Systems, Inc. has not yet been served. Service will be made forthwith.” (Dkt. No. 23 at 2.)

18

The Court hereby ORDERS Plaintiffs, no later than March 27, 2017, to SHOW CAUSE

19

why the Court should not dismiss this action against Defendant MERS without prejudice for

20

failure to timely serve Defendant MERS. See Fed. R. Civ. P. 4(m). In their response to this order

21

to show cause, Plaintiffs must either show that Defendant MERS has been served, or show good

22

cause for the failure to timely serve Defendant MERS and show good cause why the Court should

23

extend the time for service for a specific, appropriate period of time. If Plaintiffs fail to file a

24

timely response to this order, the Court shall dismiss Defendant MERS without prejudice, without

25

further notice.

26

The Court declines to hold a case management conference to impose a schedule on a

27

defendant who has not yet been served. Accordingly, the Court hereby VACATES the March 17,

28

2017 case management conference, which shall be re-scheduled following disposition of the order

1

to show cause.
s
The Co also HOL
ourt
LDS IN ABEYANCE th pending m
he
motion to dis
smiss filed b
by

2
3

De
efendants Ser One, Inc dba BSI Financial Ser
rvis
c.
F
rvices, sued as BSI Finan
ncial Service and
es,

4

De
efendant DRR Trust 2015-1, U.S. Bank Nationa Associatio as Truste pending t response
RF
B
al
on,
ee,
the
e

5

to the Complai of Defend MERS, or the dism
t
int
dant
missal of Defe
endant MER due to Pla
RS
aintiffs’

6

fail
lure of service, so that th Court may consider a one time al motions to dismiss tha may be
he
y
at
ll
o
at

7

file
ed.

8
9

S
RED.
IT IS SO ORDER
Da
ated: March 13, 2017
1

10

United States District Court
Northern District of California

11
JE
EFFREY S. W
WHITE
Un
nited States D
District Judg
ge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2