Pluviose v. PHH Mortgage et al

Filing 14

ORDER directing Clerk to provide current address service forms. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/12/2025. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GERALD PLUVIOSE,
Case No. 2:24-CV-00988-JLB

Plaintiff,
v.
PHH MORTGAGE, RUSHMORE
LOAN MANAGEMENT,
U.S.
BANK NATIONAL ASSOCIATION,
Defendants,
/

ORDER
Plaintiff Gerald Pluviose is litigating this case in forma pauperis. He
submitted a form indicating that Defendant Rushmore Loan Management
could be served at 15480 Laguna Canyon Road, Irvine, CA 92618. (Doc. 9.)
The United States Marshal served the remaining defendants (Docs. 12, 13)
but returned an unexecuted summons for Rushmore, stating, “recipient
moved and left no forwarding address or phone number.” (Doc. 11.) Thus, the
Court will provide Pluviose with additional time to provide a current service
address for Rushmore.
Accordingly, it is ORDERED:
1. The Clerk is directed to send Pluviose one copy of the following
forms: Notice of a Lawsuit and Request to Waive Service of a
Summons, Waiver of the Service of Summons, Summons in a Civil

Action, and United States Marshals Process Receipt and Return
(Form-USM-285).
2. Pluviose must return the original and one copy of each form for
Defendant Rushmore Loan Management, using the correct address
for service.
3. Pluviose must mail the completed forms to the Clerk’s Office within
30 days of the date of this Order. If Pluviose fails to timely
return the completed forms or explain his inability to timely
comply within this time period, the Court may dismiss
Defendant Rushmore for failure to prosecute without further
notice.
4. Upon receipt of the proper forms and further order from the Court,
the United States Marshal, within TWENTY-ONE (21) DAYS,
shall serve Defendant Rushmore Loan Management with the
Summons, a copy of Plaintiff’s Second Amended Complaint (Doc. 7),
and a copy of this Order.
ORDERED in Fort Myers, Florida this March 12, 2025.

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