Moore et al v. Mortgage Electronic Registration Systems, Inc. et al
Filing
76
SUMMARY ORDER: Plaintiffs to serve defendant WMC Mortgage Corp. as outlined no later than 21 days from the date of this order. So Ordered by Chief Judge Joseph N. Laplante.(jb)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Angela Jo Moore and M. Porter
Moore
v.
Civil No. 10-cv-241-JL
Mortgage Electronic Registration
Systems, Inc., Saxon Mortgage
Services, Inc., Ocwen Loan
Servicing, LLC, Harmon Law
Offices, WMC Mortgage Corp.,
Deutsche Bank National Trust
Company, as Trustee, Morgan
Stanley ABS Capital I Holding
Corp., and Morgan Stanley ABS
Capital I Inc. Trust 2007-HE5
SUMMARY ORDER
Plaintiffs Angela Jo Moore and M. Porter Moore, proceeding
pro se, have sued a number of defendants for alleged misfeasance
in the origination, servicing, and foreclosure of their mortgage
loan.
Among the defendants is WMC Mortgage Corp., the lender
that originated the Moores’ loan.
Plaintiffs added WMC to the
case in their second amended complaint, which they filed on
January 21, 2011.
That complaint was superseded by plaintiffs’
third amended complaint, which also makes claims against WMC, on
April 12, 2011.
From the docket, it does not appear that plaintiffs have
served process on WMC in accordance with Federal Rule of Civil
Procedure 4.
Plaintiffs have not filed an executed return of
service on WMC or otherwise provided proof of service as required
by Rule 4(l).1
WMC has not filed any pleadings or other
documents, and no attorney has appeared on its behalf.
Under Rule 4(m), "[i]f a defendant is not served within 120
days after the complaint is filed, the court--on motion or on its
own after notice to the plaintiff--must dismiss the action
without prejudice against that defendant or order that service be
made within a specified time.”
The 120-day period that started
running with the filing of the third amended complaint expired in
August of this year, so service on WMC is overdue.
Plaintiffs
shall serve WMC with process and make proof of service in
accordance with Rule 4(l) no later than 21 days from the date of
this order.
Failure to do so will result in the dismissal of
plaintiffs’ claims against WMC without prejudice.
SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:
November 1, 2011
Angela Jo Moore, pro se
M. Porter Moore, pro se
Joshua D. Shakun, Esq.
Brian S. Grossman, Esq.
Peter G. Callaghan, Esq.
1
Plaintiffs filed an unexecuted return of service for WMC
on May 24, 2011. See document no. 58.
2
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