UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
December 17, 2009
MERLENE F. CASTRO, PLAINTIFF,
HOME CAPITAL FUNDING; AMERICAS SERVICING COMPANY; FIRST AMERICAN LOAN STAR TRUSTEE SERVICES; AND DOES 1-10, DEFENDANTS.
The opinion of the court was delivered by: Hayes, Judge
On June 23, 2009, Plaintiff initiated this action by filing a Complaint. (Doc. # 1). No proof of service has been filed as to Defendant Home Capital Funding. Federal Rule of Civil Procedure 4 requires that a summons and complaint be served "within 120 days after the filing of the complaint." Fed. R. Civ. P. 4(m). If a plaintiff fails to serve the summons and complaint within 120 days, the court may dismiss the action without prejudice after notice to the plaintiff. See id.
On October 27, 2009, the Court issued an Order to Show Cause, which stated: This Order constitutes notice to Plaintiff that the Court will dismiss this action without prejudice as to Defendant Home Capital Funding on or after November 30, 2009, unless, no later than that date, Plaintiff files either: (1) proof of service of the summons and the Complaint to Defendant Home Capital Funding; or (2) a declaration under penalty of perjury showing good cause for failure to timely serve Defendant Home Capital Funding, accompanied by a motion for leave to serve process outside of the 120 day period. (Doc. # 7).
The docket reflects no case activity by Plaintiff since the issuance of the Order to Show Cause.
IT IS HEREBY ORDERED that, pursuant to Rule 4(m), the Complaint is DISMISSED WITHOUT PREJUDICE as to Defendant Home Capital Funding.
WILLIAM Q. HAYES United States District Judge
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