Kuttkuhn v. Quicken Loans, Inc. et al

Filing 27

ORDER dismissing unserved defendants. Interstate Title, Summit Mortgage, Green Tree Servicing, LLC and Homecomings Financial terminated. Signed by District Judge Paul D. Borman. (DGoo)

Kuttkuhn v. Quicken Loans, Inc. et al

Doc. 27

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KAREN KUTTKUHN, Plaintiff, v. Case No. 10-cv-14629 Paul D. Borman United States District Judge

QUICKEN LOANS, INC., TROTT & TROTT, P.C., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SUMMIT MORTGAGE, a Division of SHENANDOAH VALLEY NATIONAL BANK, a.k.a. TSS, LLC, GREEN TREE SERVICING, LLC, BANK OF AMERICA, INTERSTATE TILE, and HOMECOMINGS FINANCIAL, a.k.a. GMAC MORTGAGE,

Defendants. _______________________________/ ORDER DISMISSING UNSERVED DEFENDANTS On November 23, 2010, Plaintiff Karen Kuttkuhn filed a Certificate of Service (Dkt. No. 3) stating that Defendants Quicken Loans, Inc., Trott & Trott, P.C., Bank of America, N.A., and Mortgage Electronic Registration Systems, Inc., had been sent a copy of the Complaint and Summons in this case via United States mail.1 It did not, however, contain any mention of Defendants Summit Mortgage, Green Tree Servicing, LLC, Interstate Title, or Homecomings Financial. The Docket contains no other certificates of service. At the March 31, 2011 hearing on Defendants' Motions to Dismiss, the Court asked Plaintiff

The Court notes that in her Application to Proceed In Forma Pauperis, Plaintiff refused service of the Summons and Complaint by a United States Marshal.

1

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if the Defendants not listed in the Certificate of Service were served with a Summons and Complaint. Plaintiff stated that she had spoken with an attorney for one of the Defendants, but that she had not sent any of them a Summons and Complaint by certified mail. Federal Rule of Civil Procedure 4(m) provides: "If a defendant is not served within 120 days after the complaint is filed, the court ­ on motion or on its own after notice to the plaintiff ­ must dismiss the action without prejudice against that defendant . . ." The Complaint in this case was filed on November 22, 2010 ­ more than 120 days before the March 31, 2011 hearing. Based on the Court's voir dire of Plaintiff at the hearing, the Court is satisfied that Plaintiff has received notice of the impending dismissal of these Defendants. Accordingly, the Court will DISMISS Plaintiff's Complaint WITHOUT PREJUDICE as to Defendants Summit Mortgage, Green Tree Servicing, LLC, Interstate Title, and Homecomings Financial, pursuant to Rule 4(m). SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: April 1, 2011 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means and Karen Kuttkuhn P O Box 53 Highland, MI 48357 by U.S. Mail on April 1, 2011. S/Denise Goodine Case Manager