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Demarco v. MTC Financial, Inc.

United States District Court, D. Nevada
Sep 3, 2010
Case No. 2:09-CV-02333-KJD-LRL (D. Nev. Sep. 3, 2010)

Opinion

Case No. 2:09-CV-02333-KJD-LRL.

September 3, 2010


ORDER


Currently pending before the Court is Plaintiffs' Emergency Motion for Preliminary Injunction (#5).

I. Background

The Complaint in this case was originally filed in state court on November 20, 2009, naming as Defendants, BAC Home Loans Servicing, LP ("BAC") and MTC Financial, Inc. ("MTC"). The pleadings demonstrate that Defendant BAC was served with a copy of the Summons and Complaint on December 1, 2009. Additionally, Plaintiffs served BAC with a copy of their Motion for Preliminary Injunction filed in state court. On December 9, 2009, Defendant BAC removed the action to federal court, and filed a Response (#2) to the Motion for Preliminary Injunction (#5). On January 26, 2010, BAC filed a Motion to Dismiss (#8), which the Court granted per Order (#9) on April 14, 2010, after Plaintiffs failed to file points and authorities in opposition to said dispositive motion.

On August 18, 2010, the Court, issued an Order (#12) finding that Plaintiffs had failed to file proper proof of service upon the remaining Defendant, MTC. In its Order, the Court stated that because Plaintiffs' Complaint was filed on November 20, 2009, service of the summons and complaint was required on all Defendants on or before March 22, 2010. Accordingly, the Court ordered Plaintiffs to file proof of proper service upon MTC pursuant to Fed.R.Civ.P. 4(m) on or before August 31, 2010, stating that failure to do so would result in dismissal of the action.

On August 18, 2010, Plaintiffs filed an Affidavit of Service (#13), attesting that a copy of the summons and complaint was served upon Dennis Perry, of the office of GKL Resident Agents/Filings, Inc., as the resident agent for MTC in Carson City, Nevada, on December 1, 2009. Accordingly, left pending before the Court is Plaintiffs' Motion for Injunctive Relief against MTC, which has never made an appearance or filed a responsive pleading in this action.

The Notice of Removal in this action fails to demonstrate that MTC was notified of the removal of the action to federal court. The Motion for Preliminary Injunction however, attests that a copy was sent to MTC's resident agent.

II. Legal Standard for Injunctive Relief

III. Analysis

See Weinberger v. Romero-Barcello,456 U.S. 305312See Arcamuzi v. Cont'l Airlines, Inc.,819 F.2d 935937See American Motorcycle Ass'n v. Watt, 714 F.2d 962 965 See First Brands Corp. v. Fred Meyer, Inc., 809 F.2d 1378 See L.A. Mem'l Coliseum Comm'n v. NFL, 634 F.2d 1197 1201

IV. Conclusion

IT IS HEREBY ORDERED that Plaintiffs' Emergency Motion for Preliminary Injunction (#5) is DENIED. IT IS FURTHER ORDERED that the remaining parties shall file a status report on or before September 15, 2010.

DATED this 3rd day of September 2010


Summaries of

Demarco v. MTC Financial, Inc.

United States District Court, D. Nevada
Sep 3, 2010
Case No. 2:09-CV-02333-KJD-LRL (D. Nev. Sep. 3, 2010)
Case details for

Demarco v. MTC Financial, Inc.

Case Details

Full title:EDWARD DEMARCO, Plaintiff, v. MTC FINANCIAL, INC., Defendant

Court:United States District Court, D. Nevada

Date published: Sep 3, 2010

Citations

Case No. 2:09-CV-02333-KJD-LRL (D. Nev. Sep. 3, 2010)