Carnero et al v. Elk Grove Financial, Inc., et al

Filing 44

ORDER DIRECTING PLAINTIFFS TO PROVIDE INFORMATION FOR SERVING LAND HOME FINANCIAL SERVICES, INC. Signed by Judge Beth Labson Freeman on 12/16/2016. (blflc4S, COURT STAFF) (Filed on 12/16/2016)

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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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JOSE R CARNERO, et al.,

Case No. 16-cv-03606-BLF

Plaintiffs,
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v.

United States District Court
Northern District of California

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ELK GROVE FINANCIAL, LLC, et al.,
Defendants.

ORDER DIRECTING PLAINTIFFS TO
PROVIDE INFORMATION FOR
SERVING LAND HOME FINANCIAL
SERVICES, INC.

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Plaintiffs filed this case concerning a mortgage loan that was secured by a deed of trust on

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their home. Exh. A to First Am. Compl., ECF 25-1. On October 13, 2016, this Court granted

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Plaintiffs’ applications to proceed in forma pauperis. ECF 26. The Clerk issued summons to each

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of the named defendants and two of the defendants have since filed motions to dismiss. ECF 27,

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28, 38. However, as to Defendant Land Home Financial Services, Inc., the summons was returned

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unexecuted to sender and was unable to be forwarded, as the address may be incorrect. ECF 43.

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Accordingly, this Defendant remains unserved.

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Although a plaintiff proceeding in forma pauperis may rely on service by the Marshal,

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such plaintiff “may not remain silent and do nothing to effectuate such service”; rather, “[a]t a

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minimum, a plaintiff should request service upon the appropriate defendant and attempt to remedy

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any apparent defects of which [he] has knowledge.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th

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Cir. 1987). Accordingly, Plaintiffs must file a notice providing the Court with accurate and

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current location information for Defendant Land Home Financial Services, Inc. such that the

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Marshal is able to effect service. If Plaintiffs fail to provide the Court with the information

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requested on or before January 6, 2017, Plaintiffs’ claims against this Defendant will be

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dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated: December 16, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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