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

Filing 47

ORDER CORRECTING 34 ORDER DISCHARGING ORDER TO SHOW CAUSE AND DISMISSING DEFENDANTS. The prior order dismissing Schools Financial is VACATED and it is reinstated as a defendant. County Financial is DISMISSED WITHOUT PREJUDICE pursuant to Rule 4( m). Plaintiff shall serve a copy of this order on Schools Financial. Since it is the only defendant remaining, the Case Management Conference scheduled for 11/19/2015, is CONTINUED to 10:00 a.m. on 12/10/2015. The parties shall file a Joint Case Management Conference Statement on or before 12/3/2015. Signed by Judge Edward J. Davila on 11/10/2015. (ejdlc1S, COURT STAFF) (Filed on 11/10/2015)

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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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v.
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United States District Court
Northern District of California

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EXPERIAN INFORMATION SOLUTIONS,
INC., et al. ,

ORDER CORRECTING ORDER
DISCHARGING ORDER TO SHOW
CAUSE AND DISMISSING
DEFENDANTS

Defendant.
On September 23, 2015, this court issued an order to show cause (“OSC”) pursuant to

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Federal Rule of Civil Procedure 4(m) requiring Plaintiff Sabrena Alias (“Plaintiff”) to prove that

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service of process had been completed on four defendants, namely TransUnion, LLC

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(“TransUnion”), GMAC Mortgage, LLC (“GMAC”), County Financial Services (“County

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Financial”), and Schools Financial Credit Union (“Schools Financial”). See Docket Item No. 27.

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Plaintiff filed a return to the order to show cause on September 30, 2015, wherein she provided

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certificates of service for GMAC and Schools Financial. As to TransUnion, Plaintiff stated she

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had attempted service but would re-attempt service at a new address. As to County Financial,

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Plaintiff represented that it has not been served and that Plaintiff would likely dismiss County
Financial if further attempts at service were unsuccessful. See Docket Item No. 33.
After reviewing Plaintiff’s response, the court issued an order discharging the OSC as to
GMAC and County Financial and dismissing TransUnion and Schools Financial. See Docket
Item No. 34. The court has discovered, however, that this order contains an error. Since Plaintiff
successfully proved service on Schools Financial, it should not have been dismissed for lack of
service. In contrast, County Financial, which had not been served, should have been dismissed.

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Case No.: 5:15-cv-03057-EJD
ORDER CORRECTING ORDER DISCHARGING ORDER TO SHOW CAUSE AND
DISMISSING DEFENDANTS

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Accordingly, the prior order dismissing Schools Financial is VACATED and it is

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reinstated as a defendant. Since there is still not evidence that it has been served, County

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Financial is DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(m).

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Plaintiff shall serve a copy of this order on Schools Financial. Since it is the only

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defendant remaining, the Case Management Conference scheduled for November 19, 2015, is

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CONTINUED to 10:00 a.m. on December 10, 2015. The parties shall file a Joint Case

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Management Conference Statement on or before December 3, 2015.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: November 10, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:15-cv-03057-EJD
ORDER CORRECTING ORDER DISCHARGING ORDER TO SHOW CAUSE AND
DISMISSING DEFENDANTS