Long et al v. Nationwide Legal File and Serve, Inc et al

Filing 85

ORDER. Signed by Judge Lucy Koh on 10/11/2013. (lhklc2, COURT STAFF) (Filed on 10/11/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 GRADY VERNON LONG, ISMAIL ISA, and WARREN JEREMIAH SPIES, ) ) ) Plaintiffs, ) ) v. ) ) NATIONWIDE LEGAL FILE & SERVE, INC., ) et al., ) ) Defendants. ) ) Case No.: 12-CV-03578-LHK ORDER DIRECTING THAT PLAINTIFFS MUST FILE A MOTION FOR DEFAULT JUDGMENT IF THEY WISH TO REQUEST DEFAULT JUDGMENT AND DISMISSING DEFENDANTS NATIONWIDE LEGAL FILE & SERVE AND NATIONWIDE LEGAL’S CROSS CLAIMS AGAINST CAESAR ERIC RAILEY On December 6, 2012, the Clerk entered default against Defendant Caesar Eric Railey. ECF No. 21. Plaintiffs now request an order granting default judgment against Railey but have not filed any motion in support. ECF No. 83. Plaintiffs must file a motion for default judgment for the Court to consider Plaintiffs’ request. Plaintiffs must file any such motion by October 14, 2013. The October 21, 2013 trial date remains set. On September 27, 2013, the Court directed Defendants Nationwide Legal File & Serve and Nationwide Legal LLC to inform the Court regarding the status of their cross claims against Railey. ECF No. 82. Defendants filed a report indicating that they failed to serve their cross claims on Railey for one year and two months until after their cross-complaint was filed. ECF No. 84. Defendants’ report does not show good cause for their ten month delay or diligence in 28 1 Case No.: 12-CV-03578-LHK ORDER DIRECTING THAT PLAINTIFFS MUST FILE A MOTION FOR DEFAULT JUDGMENT IF THEY WISH TO REQUEST DEFAULT JUDGMENT AND DISMISSING DEFENDANTS NATIONWIDE LEGAL FILE & SERVE AND NATIONWIDE LEGAL’S CROSS CLAIMS AGAINST CAESAR ERIC RAILEY 1 2 3 4 5 Defendants’ efforts to serve Railey. The Court hereby DISMISSES the cross claims for failure to serve Railey within the time period required under the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(m) (“If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time.”) 6 7 IT IS SO ORDERED. 8 Dated: October 11, 2013 9 _________________________________ LUCY H. KOH United States District Judge 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.: 12-CV-03578-LHK ORDER DIRECTING THAT PLAINTIFFS MUST FILE A MOTION FOR DEFAULT JUDGMENT IF THEY WISH TO REQUEST DEFAULT JUDGMENT AND DISMISSING DEFENDANTS NATIONWIDE LEGAL FILE & SERVE AND NATIONWIDE LEGAL’S CROSS CLAIMS AGAINST CAESAR ERIC RAILEY

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