Delisio v. Wells Fargo Home Mortgage et al

Filing 19

ORDER that Plaintiff shall have up to and including November 16, 2011 to file proof of service of the summons and complaint within the allowed time. If Plaintiff fails to respond or to file proof of service, the Court will dismiss the complaint without prejudice against the remaining defendants in accordance with Federal Rule of Civil Procedure 4(m). Signed by Judge Kent J. Dawson on 11/2/11. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6

LAWRENCE DELISIO,

7

Plaintiff,

8

v.

9

Case No. 2:11-CV-00426-KJD-CWH

HSBC BANK USA, N.A., et al.,

10

ORDER

Defendants.

11
12

Plaintiff’s Complaint was filed in state court on February 28, 2011. Federal Rule of Civil

13

Procedure 4(m) requires service of summons and complaint to be made upon a defendant 120 days

14

after the filing of the complaint. The 120 day time period for effecting service of the summons and

15

complaint upon Defendants HSBC Bank USA, N.A. and National Default Servicing Corporation

16

expired no later than June 28, 2011. Plaintiff has not yet filed proof of service on the sole remaining

17

defendants.

18

Accordingly, IT IS HEREBY ORDERED that Plaintiff shall have up to and including

19

November 16, 2011 to file proof of service of the summons and complaint within the allowed time.

20

If Plaintiff fails to respond or to file proof of service, the Court will dismiss the complaint without

21

prejudice against the remaining defendants in accordance with Federal Rule of Civil Procedure 4(m).

22

DATED this 2nd day of November 2011.

23
24
25
26

_____________________________
Kent J. Dawson
United States District Judge