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Hernandez v. American Home Mortgage Servicing

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 27, 2010

JOHN C. HERNANDEZ, PLAINTIFF,
v.
AMERICAN HOME MORTGAGE SERVICING, INC.; AMERICAN BROKERS CONDUIT; AHMSI DEFAULT SERVICES, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DEUTSCHE BANK NATIONAL TRUST COMPANY; RAYMOND MCCOY; GURMIT SINGH; DOUGLAS TODD CECIL, *FN1 DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE AND RULE 4(M) NOTICE

Plaintiff's Status Report filed on January 14, 2010 reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference ("status conference") set for February 1, 2010 is continued to March 15, 2010, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the status conference.*fn2

Further, Plaintiff is notified under Federal Rules of Civil Procedure ("Rule") 4(m) that Defendant Douglas Todd Cecil could be dismissed as a defendant in this action under Rule 4(m) unless Plaintiff provides proof of service and/or "shows good cause for the failure" to serve this Defendant within Rule 4(m)'s 120 day prescribed period, in a filing due no later than 4:00 p.m. on February 5, 2010.

IT IS SO ORDERED.


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