Wong v. Bank of America Home Loans, N.A. et al
Filing
20
ORDER Granting 6 Defendants' Motion to Dismiss and Denying as moot 15 Plaintiff's Motion to Extend Time. IT IS FURTHER ORDERED that this case is hereby DISMISSED WITHOUT PREJUDICE as to all Defendants. Signed by Judge James C. Mahan on 04/01/2014. (Copies have been distributed pursuant to the NEF - AC)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
SUET F. WONG,
9
10
11
12
13
2:13-CV-1438 JCM (CWH)
Plaintiff(s),
v.
COUNTRY WIDE BANK FS.B BAC
HOME LOANS SERVICING, LP, et al.,
Defendant(s).
14
15
ORDER
16
Presently before the court is defendant Bank of America Home Loans’ motion to dismiss for
17
lack of proper service. (Doc. # 6). Subsequently, defendants BAC Home Loans Servicing and
18
Mortgage Electronic Registration Systems, Inc. joined the motion to dismiss. (Doc. # 11). Pro se
19
plaintiff Suet Wong filed a response in opposition (doc. # 9), and defendants filed a reply (doc. # 12).
20
In the instant motion, defendants claim that plaintiff has failed to carry out proper service in
21
accordance with the requirements of Federal Rule of Civil Procedure 4(h). Thus, they argue that this
22
case should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(5).
23
Plaintiff admits that she has not properly served defendants, but claims that defendants have
24
actively avoided being served. Plaintiff argues that defendants’ counsel should accept service or
25
provide her with a valid address at which defendants can be served.
26
The court finds that dismissal is appropriate because plaintiff has not carried out proper
27
service. Though the court grants leniency to the pleadings of pro se litigants due to the lack of legal
28
James C. Mahan
U.S. District Judge
1
knowledge, the court cannot waive the requirements of due process based on someone’s lack of
2
counsel. Therefore, defendants’ motion to dismiss will be granted.
3
Accordingly,
4
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion to
5
6
7
8
9
10
dismiss (doc. # 6) be, and the same hereby, is GRANTED.
IT IS FURTHER ORDERED that this case is hereby dismissed WITHOUT PREJUDICE as
to all defendants.
IT IS FURTHER ORDERED that plaintiff’s motion for an extension of time (doc. # 15) is
DENIED as moot.
DATED April 1, 2014.
11
12
UNITED STATES DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?