Davis et al v. Countrywide Home Loans

Filing 8

ORDER SETTING ASIDE re 6 Order to Show Cause & EXTENDING TIME FOR SERVICE. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PHILIP DAVIS, JR. and
JESSIE OGLETREE,
Plaintiffs,
Case No. 12-15284
Honorable Patrick J. Duggan

v.
COUNTRYWIDE HOME LOANS a/k/a
BANK OF AMERICA,
Defendant.
/

ORDER SETTING ASIDE JUNE 24, 2013 SHOW CAUSE ORDER AND
EXTENDING TIME FOR SERVICE
Plaintiffs filed this lawsuit against Defendant on November 30, 2012, by
filing a form “Civil Complaint.” Concluding that Plaintiffs’ essentially blank
complaint did not satisfy the pleading requirements of Federal Rule of Civil
Procedure 8, the Court entered an order on January 8, 2013, directing Plaintiffs to
file an amended complaint. Plaintiffs filed an amended complaint on January 22,
2013, but thereafter did not request a summons or attempt to serve Defendant.
Therefore, on June 24, 2013, this Court issued an order requiring Plaintiffs to show
cause why this action should not be dismissed without prejudice pursuant to
Federal Rule of Civil Procedure 4(m).

In a document dated June 28, 2013, and filed July 2, 2013, Plaintiffs
responded to the Court’s show cause order. The response, signed apparently by
both Plaintiffs, represents that Plaintiff Philip Davis, Jr. believed the Court served
the summons on the defendant in a case.
Based on Plaintiffs’ representation and pro se status, the Court finds good
cause for their failure to serve Defendant.1 Accordingly, the Court is setting aside
the June 24, 2013 show cause order and extending the time for Plaintiffs to serve
Defendant. Plaintiffs must serve Defendant with a summons and copy of their
amended complaint, along with a copy of this order, within thirty (30) days of the
date of this order. Plaintiffs failure to accomplish service by this deadline will
result in the dismissal of this action without prejudice.
SO ORDERED.
Date: July 11, 2013

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

1

Federal Rule of Civil Procedure 4(c) indicates that a plaintiff is responsible for
having the summons and complaint served, unless, at the plaintiff’s request, the court orders
service made by the United States Marshal. See Fed. R. Civ. P. 4(c). While the Court
excuses Plaintiffs for their lack of familiarity with the rules in this instance, it warns
Plaintiffs that, although proceeding without counsel, they are responsible for acquainting
themselves with the rules, including the Court’s local rules, and abiding by those rules during
this litigation.
2

Copies to:
Philip Davis, Jr.
9128 Nathaline
Redford, MI 48239-1926
Jessie Ogletree
17600 Northland Park Court
Southfield, MI 48075

3