Gould et al v. Fanny Mae Mortgage et al
ORDER TO SHOW CAUSE - The plaintiffs shall have until on or before October 14, 2016, to file proof of service on defendants Ronald Hunter, Wilmington Fund Society, and Trustee for Ventures Trust, or show cause why the action should not be dismissed for failure to prosecute. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT LEE GOULD, and
EVELYN KNIGHT GOULD,
RONALD HUNTER, Attorney for
Plaintiffs, WILMINGTON FUND
SOCI[E]TY, FSB, DBA Christiana
Trust, and TRUSTEE FOR
VENTURES TRUST, 2013-I-H-R,
This matter comes before the court sua sponte. On May 24, 2016, this court gave
the plaintiffs until June 17, 2016, to file proof of service on the defendants, or show cause
why the action should not be dismissed for failure to prosecute. (Filing No. 8). On June
17, 2016, the plaintiffs, proceeding pro se, filed certain documents with the court in
response. (Filing No. 9). Pursuant to the Memorandum and Order entered by Chief
Judge Smith Camp on September 20, 2016, this action was dismissed as to defendants
Judge Thomas Saladino, CitiMortgage, Inc., and Federal National Mortgage Association
a/k/a Fanny Mae Mortgage. (Filing No. 15).
In reviewing the documents filed by the plaintiffs in response to this court’s show
cause order, the court finds the documents are insufficient to establish proof of service
upon the remaining defendants. For example, with respect to defendant Ronald Hunter,
plaintiff Robert Gould states the plaintiffs are “waiting on postal . . . return receipt but said
he received the summons.” (Filing No. 9 at p. 5). The plaintiffs also filed a proof of
service for a “Wilmington Bank” dated June 17, 2016, stating they are “waiting for receipt
of delivery from postal [sic] but was served.” (Filing No. 9 at p. 7). None of the
documents reference service of the defendant Trustee for Ventures Trust. There are no
signed return receipts in the record.
There is still no evidence before the court demonstrating the remaining defendants
have been properly served.
The court shall provide the plaintiffs with a second
opportunity to make a showing of good cause for failing to timely serve Ronald Hunter,
Wilmington Fund Society, and Trustee for Ventures Trust, or the action must be dismissed
as to those defendants. Plaintiffs may want to review this district’s resources for pro se
individuals, found at http://www.ned.uscourts.gov/public/proceeding-without-an-attorney,
for information regarding self-representation in this court. Accordingly,
IT IS ORDERED: The plaintiffs shall have until on or before October 14, 2016,
to file proof of service on defendants Ronald Hunter, Wilmington Fund Society, and
Trustee for Ventures Trust, or show cause why the action should not be dismissed for
failure to prosecute.
DATED: September 21, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge
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