Nationstar Mortgage, LLC v. Powell et al

Filing 6

ORDER directing the plaintiffs to either present proof of service on defendants Metlife Home Loans and the United States or show cause for their failure to timely serve those parties (Compliance due by 1/4/2018). Signed by Magistrate Judge G. R. Smith on 12/20/17. (jrb) Modified on 12/21/2017 (jrb).

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA! o DISTRICT COURT
STATEBORO DIVISION

Southern District of GA
Filed in Office

NATIONSTAR MORTGAGE,LLC
D/B/A CHAMPION MORTGAGE COMPANY,
FEDERAL NATIONAL MORTGAGE

ASSOCIATION,INC.[FNMA],
Plaintiffs,
CV617-084

V.

BERNICE POWELL,
BETTY HODGES POWELL,
METLIFE HOME LOANS,
THE UNITED STATES,
Defendants.
ORDER

Plaintiffs in this property suit seek to add one named heir and an imknown

number of anonymous heirs of defendants Bernice Powell and Betty Hodges Powell,
who are deceased. Doc. 5 at 2-3. Plaintiffs seek to add the new defendemts pursuant
to Federal Rules of Civil Procedure 19 and 21. Id. However, the time for plaintiffs to
have served their Complaint has long passed. See Fed. R. Civ. P. 4(m) (requiring
dismissal if service is not affected within 90 days after the Complaint is filed); doc. 1

(Complaint filed June 20, 2017). The Court might construe the request to drop the
two deceased defendants and add their heirs as an implicit request to extend that
period, but plaintiffs offer no explanation for their apparent failure to serve
defendants Metlife Home Loans or the United States. Therefore, before the Court

will allow plaintiffs to amend their Complaint, and within 14 days, plaintiffs are