Klepac et al v. CTX Mortgage Company, LLC et al
Filing
41
ORDER signed by Judge Garland E. Burrell, Jr on 11/17/11 ORDERING that the Status (Pretrial Scheduling) Conference scheduled for hearing on 11/28/11 is CONTINUED to 4/9/2012 at 09:00 AM. A further joint Status Report shall be filed no later than four teen (14) days prior. Plaintiffs are notified that to avoid dismissal of Defendant American Securities Company, on or before 11/30/2011, Plaintiffs shall file proof of service for this defendant or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TOM KLEPAC, JOY KLEPAC,
Plaintiffs,
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v.
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CTX MORTGAGE COMPANY, LLC;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; AMERICAN
SECURITIES COMPANY, as Trustee;
WELLS FARGO BANK, N.A.; QUALITY
LOAN SERVICE CORP.; LSI TITLE
AGENCY INC.; AURORA LOAN
SERVICES, INC.; and DOES 1-100,
inclusive,
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Defendants.
________________________________
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2:11-cv-00752-GEB-GGH
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE
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The Joint Status Report filed November 14, 2011 reveals this
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case is not ready to be scheduled. (ECF No. 40.) Therefore, the Status
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(Pretrial Scheduling) Conference scheduled for hearing on November 28,
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2011 is continued to April 9, 2012 at 9:00 a.m. A further joint status
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report shall be filed no later than fourteen (14) days prior.
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Further, Plaintiffs were required to respond to an Order filed
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July 11, 2011, by either filing proof that Defendant American Securities
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Company was served with process or a document showing good cause for
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Plaintiffs’ failure to serve this Defendant within the 120-day period
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prescribed in Federal Rule of Civil Procedure (“Rule”) 4(m). (ECF No.
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23.) On July 18, 2011, Plaintiffs filed a “Proof of Service of Summons
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and Complaint” which states American Securities Company was served by
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mailing the summons and complaint to the agent for service of process by
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certified mail, return receipt requested. (ECF No. 24.)
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California Civil Procedure Code section 415.30(c) prescribes
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that
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acknowledgment of receipt of summons is executed, if such acknowledgment
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thereafter is returned to the sender.” Since Plaintiffs’ Proof of
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Service does not state that American Securities Company returned a
service
by
mail
“is
deemed
complete
on
the
date
a
written
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written
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effected service on American Securities Company. Therefore, Plaintiffs
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are notified under Rule 4(m) that to avoid dismissal of Defendant
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American Securities Company, on or before November 30, 2011, Plaintiffs
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shall
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explanation why service was not effected within Rule 4(m)'s prescribed
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service period.
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acknowledgment,
file
proof
of
Plaintiffs
service
for
have
this
not
shown
defendant
that
or
a
IT IS SO ORDERED.
Dated:
November 17, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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they
have
sufficient
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