Koch v. Home Network Mortgage, LLC et al

Filing 24

ORDER OF DISMISSAL Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROSEMARY KOCH,
Plaintiff,
Case No. 12-CV-14760
vs.
HON. GEORGE CARAM STEEH
HOME NETWORK MORTGAGE, LLC,
Defendants.
________________________________/
ORDER OF DISMISSAL
Plaintiff Rosemary Koch filed this action against defendants Home Network
Mortgage, LLC, U.S. Bank N.A., Trott & Trott, P.C., Capovista, LLC, and Does 1 through
100. Only defendants Capovista and Trott & Trott appeared in the case. By order dated
January 31, 2013 the court granted defendant Capovista’s motion to dismiss and granted
defendant Trott & Trott’s motion to dismiss. That same order included an order for plaintiff
to show cause, if any, in writing by March 1, 2013, why the remaining defendants, who
appear to be unserved, should not be dismissed from this case. The summons issued for
these defendants expired on February 27, 2013, and plaintiff’s response to the court’s show
cause order merely states that Home Network Mortgage and U.S. Bank ignored plaintiff’s
complaint. However, there is no evidence that Home Network Mortgage or U.S. Bank were
properly served in this matter. Plaintiff bears the burden of demonstrating due diligence
in perfecting service of process and showing that proper service was made. See Byrd v.
Stone, 94 F.3d 217, 219 (6th Cir. 1996). Plaintiff’s response to the show cause order does

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not address the issue of service of process upon these two defendants, nor on the John
Doe defendants. Now, therefore,
IT IS HEREBY ORDERED THAT plaintiff’s complaint is DISMISSED in its entirety.
SO ORDERED.
Dated: March 6, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 6, 2013, by electronic and/or ordinary mail and also on
Rosemary Koch, 1950 Baker Road, Dexter, MI 48130.
s/Barbara Radke
Deputy Clerk

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