Das et al v. WMC Mortgage Corp et al

Filing 149

ORDER Dismissing Claims Against GMAC and CIT; Order Directing Plaintiffs to File Voluntary Dismissal as to America's Servicing Company. Signed by Judge Lucy H. Koh on 1/10/2012. (lhklc1, COURT STAFF) (Filed on 1/10/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16

MADHVAMUNI K. DAS, GEETHA M. DAS, )
)
Plaintiffs,
)
v.
)
)
WMC MORTGAGE CORP.; AMERICAN
)
MORTGAGE NETWORK; THE CIT GROUP; )
FIRST AMERICAN TITLE INSURANCE
)
COMPANY; MERS; OLD REPUBLIC
)
DEFAULT MANAGEMENT SERVICES;
)
BONAFIDE FINANCIAL; WESTWOOD
)
ASSOCIATES; CENTRAL MORTGAGE
)
COMPANY; AMERICA’S SERVICING
)
COMPANY; GMAC MORTGAGE CORP.;
)
DOES 1-100.
)
)
Defendants.
)
)

Case No.: 10-CV-00650-LHK
ORDER DISMISSING CLAIMS
AGAINST GMAC AND CIT; ORDER
DIRECTING PLAINTIFFS TO FILE A
VOLUNTARY DISMISSAL AS TO
AMERICA’S SERVICING COMPANY

On November 28, 2011, the Court ordered Plaintiffs to serve Defendant GMAC Mortgage

17

Corporation (“GMAC”) by December 28, 2011, or face dismissal of their claims against GMAC

18

for failure to prosecute pursuant to Fed. R. Civ. P. 4(m). ECF No. 134. Additionally, at the Case

19

Management Conference held on December 7, 2011, the Court ordered Plaintiffs to serve

20

Defendant The CIT Group by December 28, 2011, or similarly face dismissal of their claims. ECF

21

No. 142. As of January 10, 2012, Plaintiffs have failed to file proof of service for either of these

22

defendants as ordered by the Court. Accordingly, Plaintiffs’ claims against these defendants are

23

DISMISSED. The Clerk shall terminate Defendants GMAC Corp. and The CIT Group.

24

At the December 7, 2011 Case Management Conference, the Court also ordered Plaintiffs

25

to file a stipulation dismissing Defendant America’s Servicing Company. Plaintiffs failed to

26

do so. If Plaintiffs fail to dismiss America’s Servicing Company by January 13, 2012, the Court

27
28

1

Case No.: 10-CV-00650-LHK
ORDER DISMISSING CLAIMS AGAINST GMAC AND CIT; ORDER DIRECTING PLAINTIFFS TO FILE A
VOLUNTARY DISMISSAL AS TO AMERICA’S SERVICING COMPANY

1

will issue an order to show cause why sanctions should not be imposed for failure to comply with a

2

Court order.

3
4

IT IS SO ORDERED.

5

Dated: January 10, 2012

_________________________________
LUCY H. KOH
United States District Judge

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

Case No.: 10-CV-00650-LHK
ORDER DISMISSING CLAIMS AGAINST GMAC AND CIT; ORDER DIRECTING PLAINTIFFS TO FILE A
VOLUNTARY DISMISSAL AS TO AMERICA’S SERVICING COMPANY