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

Filing 48

ORDER DISMISSING CLAIMS WITHOUT PREJUDICE. Signed by JUDGE LESLIE E. KOBAYASHI on 02/11/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ULUAMA NIUTUPUIVAHA and LUISA )
NIUTUPUIVAHA,
)
)
)
Plaintiffs,
)
vs.
)
)
WELLS FARGO BANK, N.A.;
)
COUNTRYWIDE HOME LOANS, INC., )
BANK OF AMERICA; CHASE BANK; )
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC.;
)
NEWYORK, RASC SERIES, TRUST
HOME EQUITY MORTGAGE and DOES )
)
1-100,
)
)
Defendants.
_____________________________ )

CIVIL NO. 13-00172 LEK-KSC

ORDER DISMISSING CLAIMS WITHOUT PREJUDICE
Plaintiffs Uluama Niutupuivaha and Luisa Niutupuivaha
(“Plaintiffs”) filed their First Amended Complaint for Damages
(“First Amended Complaint”) on September 18, 2013.
33.]

[Dkt. no.

On February 3, 2014, this Court issued an Order to Show

Cause (“the OSC”), noting that there was no indication in the
record that Plaintiffs served the First Amended Complaint on the
only defendants remaining in this action - Defendants Countrywide
Home Loans, Inc., Bank of America, and Chase Bank (collectively
“the Remaining Defendants”).

[Dkt. no. 47.]

This Court

therefore ordered Plaintiffs to file a statement showing good
cause why this Court should not dismiss Plaintiffs’ claims
against the Remaining Defendants for failure to serve the First

Amended Complaint on the Remaining Defendants within 120 days
after filing, as required by Fed. R. Civ. P. 4(m).

This Court

ordered Plaintiffs to file their response to the OSC by
February 10, 2014, and this Court cautioned Plaintiffs that, if
they failed to respond to the OSC, this Court would dismiss all
of Plaintiffs’ claims against the Remaining Defendants without
prejudice, and this Court would direct the Clerk’s Office to
close this case.
Plaintiffs neither filed proof of service on any of the
Remaining Defendants nor filed a response to the OSC.

Pursuant

to Fed. R. Civ. P. 4(m) and the terms of the OSC, this Court
HEREBY DISMISSES Plaintiffs’ claims against Defendants
Countrywide Home Loans, Inc., Bank of America, and Chase Bank
WITHOUT PREJUDICE for failure to serve.
There being no remaining claims in this action, this
Court DIRECTS the Clerk’s Office to close this case.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, February 11, 2014.

/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

ULUAMA NIUTUPUIVAHA, ET AL. VS. WELLS FARGO BANK, N.A., ET AL;
CIVIL 13-00172 LEK-KSC; ORDER DISMISSING CLAIMS WITHOUT PREJUDICE

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