Alias v. Wells Fargo Bank, N.A. et al

Filing 34

ORDER DISCHARING ORDER TO SHOW CAUSE; DISMISSING DEFENDANTS. The OSC is DISCHARGED as to GMAC Mortgage, LLC, and County Financial Services. All claims against TransUnion, LLC and Schools Financial Credit Union are DISMISSED WITHOUT PREJUDICE. Signed by Judge Edward J. Davila on 10/1/2015. (ejdlc1S, COURT STAFF) (Filed on 10/1/2015)

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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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SABRENA ALIAS,

Case No. 5:15-cv-03057-EJD

Plaintiff,
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ORDER DISCHARING ORDER TO
SHOW CAUSE; DISMISSING
DEFENDANTS

v.
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WELLS FARGO BANK, N.A., et al.,
Defendants.

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United States District Court
Northern District of California

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On September 23, 2015, the court ordered Plaintiff Sabrena Alias (“Plaintiff”) to either file

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documents showing that service of process had been completed on certain defendants or show

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cause in writing why she failed to accomplish service within 120 days required by Federal Rule of

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Civil Procedure 4(m). See Docket Item No. 27. Plaintiff filed a return to the OSC on September

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30, 2015, in which she produced documents demonstrating that GMAC Mortgage, LLC, and

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County Financial Services were served. Accordingly, the OSC is DISCHARGED as to those

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defendants.

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However, Plaintiff has not demonstrated service on TransUnion, LLC or Schools Financial

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Credit Union. Nor does the court find that Plaintiff’s excuses for her failure to timely accomplish

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service constitute good cause. See Hamilton v. Endell, 981 F.2d 1062, 1065 (9th Cir. 1992)

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(explaining that “inadvertent error or ignorance of governing rules alone will not excuse a

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litigant’s failure to effect timely service.”). Accordingly, all claims against TransUnion, LLC and

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Schools Financial Credit Union are DISMISSED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated: October 1, 2015
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EDWARD J. DAVILA
United States District Judge
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Case No.: 5:15-cv-03057-EJD
ORDER DISCHARING ORDER TO SHOW CAUSE; DISMISSING DEFENDANTS