Androwski v. Onewest Bank, FSB et al

Filing 13

ORDER DISMISSING CASE. Signed by Judge Roger L. Hunt on 2/21/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 DISTRICT OF NEVADA 10 *** 11 12 13 14 15 16 17 VIOLET ANDROWSKI, ) ) Plaintiff, ) ) vs. ) ) ONEWEST BANK, FSB; INDYMAC BANK, ) FSB; DIRECT CAPITAL GUARANTY; NDEX) WEST, LLC; MORTGAGE ELECTRONIC ) REGISTRATIONS SYSTEM, INC.; and DOES ) 1-50, ) ) Defendants. ) _______________________________________) Case No.: 2:11-cv-00614-RLH-RJJ ORDER 18 19 Rule 4 of the Federal Rules of Civil Procedure governs service of process. Rule 20 4(m) states, “If a defendant is not served within 120 days after the complaint is filed, the court—on 21 motion or on its own after notice to the plaintiff—must dismiss the action without prejudice 22 against that defendant or order that service be made within a specified time.” Plaintiffs have failed 23 to provide the Court with proof of service for any of the Defendants despite the Court’s notice of 24 intent dismiss and extension of time. (Dkt. #11, Feb. 3, 2011.) The Court therefore dismisses 25 each of the Defendants from this action. Further, because the Court dismisses this action, the 26 Court also orders that the lis pendens filed because of this case be expunged. AO 72 (Rev. 8/82) 1 1 CONCLUSION 2 Accordingly, and for good cause appearing, 3 IT IS HEREBY ORDERED that this case is DISMISSED. 4 IT IS FURTHER ORDERED that the lis pendens filed because of the pendency of 5 6 this case be EXPUNGED. The Clerk of the Court is directed to close this case. Dated: February 21, 2012. 7 8 ____________________________________ ROGER L. HUNT United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 (Rev. 8/82) 2

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