Grabowski et al v. Wells Fargo Home Mortgage, Incorporated et al

Filing 6

ORDER DISMISSING Defendant Citibank Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION David Grabowski, et al., Plaintiffs, v. Citibank Corporation, et al., Defendants. ___________________________________________/ ORDER OF DISMISSAL This action was removed to this Court on February 10, 2009. A routine review of the docket revealed that no summons has been returned executed as to Defendant Citibank Corporation, although the time for service under FED. P. CIV. P. 4(m) has expired. Accordingly, on June 24, 2009, this Court issued an "Order Directing Plaintiff to Show Cause," requiring Plaintiffs to show cause, in writing, no later than July 6, 2009, why this case should not be dismissed for failure to effect timely service of process as to Defendant Citibank Corporation. (Docket Entry No. 5). Plaintiffs did not file any response that Order. Pursuant to this Court's June 24, 2009 Order Directing Plaintiff to Show Cause, and pursuant to FED. R. CIV. P. 4(m), IT IS ORDERED that Defendant Citibank Corporation is hereby DISMISSED WITHOUT PREJUDICE from this action. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: August 4, 2009 Case No. 09-10503 Honorable Sean F. Cox

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION David Grabowski, et al., Plaintiffs, v. Citibank Corporation, et al., Defendants. ___________________________________________/ PROOF OF SERVICE I hereby certify that a copy of the foregoing document was served upon counsel of record on August 4, 2009, by electronic and/or ordinary mail. s/Jennifer Hernandez Case Manager Case No. 09-10503 Honorable Sean F. Cox