PNC Bank, National Association v. Mao and Zhang LV LLC

Filing 44

ORDER that the STAY is LIFTED. Mao and Zhang shall file proof of service of the summons and complaint on remaining counter-defendants within 14 days of the entry of this order. Signed by Judge Kent J. Dawson on 10/22/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MAO AND ZHANG LV LLC,

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Case No. 2:15-cv-01164-KJD-VCF

Counter-claimant,

ORDER

v.
RODICA SCHILERU, et al.,
Counter-defendants.

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On October 4, 2018, the Court granted Plaintiff PNC Bank’s and Defendant Mao and

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Zhang LV LLC’s Stipulation and Order for Release of Deed of Trust and Dismissal with

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Prejudice (#43). That Stipulation and Order dismissed all claims and counterclaims between

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Plaintiff and Defendant Mao and Zhang. The Stipulation preserved all claims brought by Mao

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and Zhang LV LLC (Mao and Zhang) against any other party.

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This case is currently stayed. However, there remains no need for a stay and the stay is

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lifted. Counter-claimant Mao and Zhang filed its Counterclaim (#9) on October 16, 2015.

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Service of the summons and complaint in accordance with Federal Rule of Civil Procedure 4(m)

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(“Rule 4(m)”) was due no later than February 15, 2016. A stipulated stay was entered on

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September 9, 2016. A later motion to stay was granted by the Court on March 31, 2017. Mao and

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Zhang has never filed proof of service of the summons and complaint in accordance with Rule

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4(m) on the remaining counter-defendants, Rodica Schileru and Mortgage Electronic

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Registration Systems, Inc. Therefore, Mao and Zhang has fourteen (14) days from the entry of

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this order to file proof of service of the summons and complaint on the remaining counter-

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defendants within the allowed time. Failure to provide proof of service will result in the

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remaining counter-claims being dismissed without prejudice.

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Accordingly, IT IS HEREBY ORDERED that the STAY is LIFTED;

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IT IS FURTHER ORDERED that Mao and Zhang file proof of service of the summons

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and complaint on remaining counter-defendants within fourteen (14) days of the entry of this

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order.

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Dated this 22nd day of October, 2018.

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_____________________________
Kent J. Dawson
United States District Judge

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