Scanlon v. Wilmington Savings Fund Society, FSB

Filing 19

ORDER TO SHOW CAUSE by 4/20/2018, as to Defendant North Star Trustee, why its Joinder to Wilmington's Motion to Dismiss (Dkt. 17 ) should not be denied for failure to properly serve Plaintiff. Defendant North Star Trustee must file, by 4/20/2018, proof that Plaintiff was served a copy of its motion contemporaneously with the motion's filing. Signed by Judge Ricardo S Martinez. (SWT) (cc: Plaintiff via USPS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JODY LYNN SCANLON, Plaintiff, 9 10 11 Case No. C17-1532RSM ORDER TO SHOW CAUSE RE: SERVICE OF MOTION v. 14 WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BCAT 2014-4TT; NORTH STAR TRUSTEE, LLC, 15 Defendants. 12 13 16 17 On March 16, 2018, North Star Trustee, LLC appeared in this action through counsel. 18 Dkt. #16. On March 19, 2018, North Start Trustee, LLC filed a Joinder of North Start Trustee, 19 LLC to Co-Defendant Wilmington’s Motion to Dismiss with Prejudice. Dkt. # 17. Neither filing 20 contains proof of service to demonstrate that Plaintiff was served with or provided any notice of 21 22 23 24 25 the filings. Plaintiff is pro se and is not a participant in the Court’s Electronic Case Filing System. Defendant North Star Trustee, LLC is ordered to show cause, by April 20, 2018, why its Joinder of North Start Trustee, LLC to Co-Defendant Wilmington’s Motion to Dismiss with Prejudice (Dkt. #17) should not be denied for failure to properly serve Plaintiff. See Bowers v. 26 27 ORDER – 1 1 2 E.J. Rose Mfg. Co., 149 F.2d 612 (1945) (requiring strict compliance with legal prerequisites in order to grant dismissal). 3 Accordingly, the Court hereby finds and ORDERS that Defendant North Star Trustee, 4 LLC must file, by April 20, 2018, proof that Plaintiff was served with a copy of its motion 5 6 contemporaneously with the motion’s filing. The Clerk shall send a copy of this Order to Ms. Jodi Scanlon at P.O. Box 965, Vashon, 7 8 9 WA 98070. DATED this 16 day of April, 2018. 10 11 A 12 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER – 2

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