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Huestis v. Indymac Federal Bank

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


March 4, 2010

MARK AND DIANE HUESTIS, PLAINTIFFS,
v.
INDYMAC FEDERAL BANK; INDYMAC BANK, F.S.B., A FEDERAL CHARTERED SAVINGS BANK; QUALITY LOAN SERVICE CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ABSOLUTE LOANS, INC.; KEVIN DANIEL MCGILL; GARY HUNTER KNISELY,*FN1 AND DOES 1-20, INCLUSIVE, DEFENDANTS.

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

ORDER DISMISSING UNSERVED DEFENDANT AND CONTINUING STATUS CONFERENCE

On December 9, 2009 the Court issued an order ("December 9, 2009 Order") continuing the status conference in this case until March 15, 2010 "because Plaintiffs... recently served Absolute Loans, Inc." and because "Plaintiffs [were] given more time to serve Defendant Gary Hunter Knisely" ("Knisely"). Although Plaintiffs had not show "good cause" in response to the Court's Federal Rule of Civil Procedure ("Rule") 4(m) notice for failure to serve Knisely within Rule 4(m)'s prescribed 120 day period, "Plaintiffs [we]re granted until January 4, 2010 to serve Knisely." Plaintiffs were warned in the December 9, 2009 Order that "Knisely could be dismissed without further notice if no proof of service is filed on or before January 4, 2010."

Review of the docket reveals nothing has been filed concerning the service matter involving Knisely since the December 9, 2009 Order. Therefore Knisely is dismissed as a defendant in this case without prejudice.

Further, the status conference scheduled for March 15, 2010 is continued until April 26, 2010. A joint status report shall be filed no later than fourteen (14) days prior to the status conference.


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