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Kemp v. American Home Mortgage Servicing

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


February 2, 2010

SHERRI A. KEMP, PLAINTIFF,
v.
AMERICAN HOME MORTGAGE SERVICING, INC.; H&R BLOCK MORTGAGE CORPORATION; OPTION ONE MORTGAGE CORPORATION; HOWARD RANDOLPH; KATHLEEN MARIE ALDRIDGE, DEFENDANTS.

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

ORDER VACATING PORTION OF STATUS (PRETRIAL SCHEDULING)

ORDER DISMISSING KATHLEEN MARIE ALDRIDGE AS A DEFENDANT UNDER RULE 4(M)

On November 12, 2009 this Court issued a status (pretrial scheduling) order ("November 12 Order") that included a ruling under Federal Rule of Civil Procedure 4(m) dismissing Defendant Kathleen Marie Aldridge ("Aldridge") as a Defendant, since Plaintiff failed to serve Aldridge within 120 days of the filing of Plaintiff's complaint.

However, in reviewing the Docket in connection with another matter, the Judge learned that Aldridge should not have been dismissed since before dismissal she had participated in this case. Therefore, the ruling dismissing Alridge as a defendant is vacated nunc pro tunc.

20100202

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