United States District Court, W.D. Washington, Seattle
ORDER OF DISMISSAL
Honorable Marsha J. Pechman United States Senior District
Court, having received and reviewed:
Defendants' Motion for Dismissal (Dkt. No. 32), 2. Motion
of Defendant North Cascade Trustee Services, Inc. Joining in
Co-Defendants' Motion to Dismiss (Dkt. No.
attached declarations and exhibits, and relevant portions of
the record, rules as follows:
ORDERED that this matter is DISMISSED with prejudice.
case has a lengthy procedural history, beginning with a
mortgage default in February 2013, continuing through
numerous bankruptcy filings and culminating in the filing of
a series of lawsuits, of which this is merely the
latest. Plaintiff has twice been ordered in the
instant matter to serve Defendants in conformity with the
Federal Rules of Civil Procedure (FRCPs)-she first responded
by filing unexecuted waivers of service (Dkt. No. 28) and
most recently filed a “Proof of Service”
indicating that the “Complaint and Request for
Injunction” were mailed to Defendants. (Dkt. No. 31.)
bring this motion seeking dismissal on pursuant to FRCP 4(m),
and FRCP 12(b)(2) and (b)(5) (lack of personal jurisdiction);
FRCP 12(b)(1) (lack of subject matter jurisdiction); and FRCP
12(b)(6) (failure to properly state a claim). Plaintiff has
filed no response to the motion.
of personal jurisdiction
matter was originally filed on July 25, 2017 (Dkt. No. 5),
and an amended complaint was filed on August 17, 2017. Dkt.
No. 12. FRCP 4(m) states that Plaintiff must serve Defendants
within 90 days following filing of a complaint, or be subject
to dismissal without prejudice. Despite being given multiple
opportunities to properly serve Defendants (see Dkt.
Nos. 26, 28, and 30), Plaintiff has failed to establish
proper, timely proof of service in compliance with FRCP 4.
Nor has she obtained and filed waivers of service from those
result is that this Court is unable to exercise personal
jurisdiction over any of the defendants. In conformity with
FRCP 4(m) (having given Plaintiff multiple opportunities to
cure), the Court is required to dismiss her action.
of subject matter jurisdiction
federal district court has original jurisdiction of all civil
actions where the amount in controversy is greater than $75,
000 and the dispute arises between citizens of different
states. 28 U.S.C. § 1332(a)(1). Plaintiff does not claim
diversity as ...