BHH Management Group, Inc. v. Nationstar Mortgage LLC et al

Filing 26

ORDER that 25 Motion to Close Case is GRANTED; the claims against United Guaranty Residential Insurance Company of North Carolina are DISMISSED without prejudice. The Clerk of Court is directed to CLOSE this case. Signed by Judge Jennifer A. Dorsey on 8/15/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BHH Management Group, Inc.,
Plaintiff

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Case No.: 2:15-cv-02081-JAD-CWH

v.
United Guaranty Residential Insurance Company of
North Carolina, et al.,

Order Dismissing Claims
and Closing Case
[ECF No. 25]

Defendants

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On July 7, 2017, the court granted Fannie Mae and Nationstar Mortgage’s unopposed motion

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for summary judgment and gave the plaintiff 20 days to advise the court how it planned to proceed

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against non-answering defendant United Guaranty Residential Insurance Company of North

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Carolina. The court warned plaintiff that if it took no action by that deadline, the claims against

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United would be dismissed without prejudice and this case would be closed. The 20-day deadline

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passed with no notice that plaintiff intends to pursue its claims against United, and the record does

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not reflect that United has been served with this action, which commenced nearly two years ago.

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Federal Rule of Civil Procedure 4(m) states that “If a defendant is not served within 90 days after the

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complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the

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action without prejudice against that defendant or order that service be made within a specified

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time.” Accordingly,

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IT IS HEREBY ORDERED that Nationstar Mortgage and Fannie Mae’s Motion to Close

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Case [ECF No. 25] is GRANTED; the claims against United Guaranty Residential Insurance

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Company of North Carolina are DISMISSED without prejudice. The Clerk of Court is directed

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to CLOSE THIS CASE.

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DATED: August 15, 2017

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_________________________________
___________________
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JENNIFER A. DORSEY
ER A. DORSEY
R DO S Y
UNITED STATES DISTRICT J
D STAT DISTRIC JUDGE
ATES
AT
TRI
ICT