Crespo et al v. Christina Trust et al

Filing 12

ORDER denying 10 MOTION for Entry of Default. The Court directs the parties to Show Cause in writing by 1/20/2017, whether the Court should recommend to the District Court that it dismiss this case for failure to perfect service. See order for further details . Signed by Magistrate Judge Dennis Howell on 1/3/2017. (Pro se litigant served by US Mail.)(nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv43
BEVERLY & CAREY CRESPO,

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Plaintiffs,
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v.
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OCWEN LOAN SERVICING, LLC,
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et al.,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Motion for entry of Default [# 10]. Plaintiffs
move for the entry of default against Defendants. Previously, the Court granted
Plaintiff leave to file an Amended Complaint and granted Plaintiff an additional
thirty days to perfect service on Defendants. Plaintiffs filed their Amended
Complaint on September 13, 2016. To date, however, Plaintiff has not filed any
proof of service with this Court and it appears to the Court that Plaintiffs failed to
comply with the Court’s August 29, 2016, Order and perfect service on
Defendants. Accordingly, the Court DENIES the Motion for Entry of Default
[# 10].
In its prior Order, the Court also granted Defendants leave to renew their
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Motion to Dismiss after the expiration of the thirty day time period for Plaintiffs to
perfect service on Defendants. Defendants, however, failed to renew their motion.
The Court DIRECTS the parties to SHOW CAUSE in writing by January
20, 2017, whether the Court should recommend to the District Court that it
dismiss this case for failure to perfect service. Specifically, Plaintiffs should
demonstrate that they complied with the Court’s prior Order and perfected service
on Defendants. The failure of Plaintiffs to do so will result in this Court entering a
Memorandum and Recommendation recommending that the District Court dismiss
this case for failure to perfect service.

Signed: January 3, 2017

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