Pantalion v. Resmae Mortgage Corporation et al, No. 2:2009cv02262 - Document 38 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMNENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/7/10: appearing parties are now represented by counsel, the referral to the magistrate judge is WITHDRAWN; IT IS RECOMMENDED that dft Christopher Cox be dismissed from this action. (Carlos, K)

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Pantalion v. Resmae Mortgage Corporation et al Doc. 38 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 CHARITY MAE PANTALION, 9 Plaintiff, 10 11 CIV. NO. S-09-2262 MCE GGH PS vs. RESMAE MORTGAGE CORPORATION, et al., 12 Defendants. 13 ORDER AND FINDINGS AND RECOMMENDATIONS / 14 Plaintiff is now proceeding with counsel in this action, referred to the undersigned 15 pursuant to Local Rule 72-302(c)(21). By order of May 13, 2010, plaintiff was directed to effect 16 service of process on all defendants who had not yet filed a responsive pleading, and file a 17 statement reflecting service on those defendants within 21 days of that order. Plaintiff was 18 warned that failure to comply with the order would result in a recommendation that those 19 defendants would be dismissed from the action. Plaintiff has not filed anything since that order. 20 It appears from the record that plaintiff had effected proper service on all defendants, see Cal. 21 Code Civ. P. 415.40, except Christopher Cox, and filed an executed summons return on 22 December 31, 2009. Accordingly, only defendant Christopher Cox should be dismissed from the 23 action. 24 Defendants DE HDL, Inc., Hisham Desouki, Jonathan Annett, Fox Fields 25 Financial, Inc., and Christopher Fox have been served but have not filed a responsive pleading. 26 Therefore, these defendants are now in default. As all appearing parties are now represented by 1 Dockets.Justia.com 1 counsel, the case will be referred back to the district judge and the undersigned makes no 2 recommendation as to the defaulting defendants. 3 Accordingly, IT IS ORDERED that: as all appearing parties are now represented 4 by counsel, the referral to the magistrate judge is withdrawn. However, the magistrate judge 5 shall continue to perform all duties described in Local Rule 72-302(c)(1)-(20). 6 7 8 9 Good cause appearing, IT IS HEREBY RECOMMENDED that: defendant Christopher Cox be dismissed from this action. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 10 fourteen (14) days after being served with these findings and recommendations, any party may 11 file written objections with the court and serve a copy on all parties. Such a document should be 12 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the 13 objections shall be served and filed within fourteen (14) days after service of the objections. The 14 parties are advised that failure to file objections within the specified time may waive the right to 15 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 DATED: June 7, 2010 17 /s/ Gregory G. Hollows 18 U. S. MAGISTRATE JUDGE GGH:076:Pantalion2262.osc2.wpd 19 20 21 22 23 24 25 26 2

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