North American Title Company et al

Filing 92

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED AS TO UNSERVED DEFENDANTS. Signed by Judge Beth Labson Freeman on 6/15/2015. (blflc1, COURT STAFF) (Filed on 6/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARMEN ROSALES, et al.,

Case No. 13-cv-01316-BLF

Plaintiffs,
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v.
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VICKY ALVAREZ ROSALES, et al.,

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE DISMISSED
AS TO UNSERVED DEFENDANTS

Defendants.

United States District Court
Northern District of California

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On June 12, 2015, Plaintiffs filed a notice of voluntary dismissal with prejudice as to

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Defendants JPMorgan Chase Bank, N.A., EMC Mortgage LLC, and Wells Fargo Bank, N.A. See

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Notice of Dismissal, ECF 91. It does not appear that any of the remaining defendants, Vicky

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Alvarez Rosales, Mortgagepointer.com, Inc., Jagdeep Kapoor, Rana Saluja, Alisha Carroll, or

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Estate of Salvador Rosales, have been served. Under Federal Rule of Civil Procedure 4(m), a

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defendant may be dismissed if not served within 120 days after complaint is filed. Fed. R. Civ. P.

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4(m). All of the unserved defendants were named in the amended complaint filed on November

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18, 2013. Thus the deadline for effecting service of process long since has elapsed.

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Plaintiffs are hereby ORDERED TO SHOW CAUSE in writing and within fourteen days

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why the unserved defendants should not be should not be dismissed from the action without

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prejudice for failure to effect timely service of process.

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Dated: June 17, 2015
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BETH LABSON FREEMAN
United States District Judge