McDow
McDow v. Shelter Financial Services LLC
Opinion
Trial Court Opinion
I. BACKGROUND
22 Plaintiff’s operative complaint is his first amended complaint, which lists the following 23 Defendants: Shelter Financial Services, LLC; RES Recovery; James Debrum; Alex Roberson; 24 Merced Police Department; Merced Officer Garcia; and Merced County Sheriff Department. 25 (ECF No. 10). Generally, the first amended complaint alleges claims stemming from an incident 26 in which Plaintiff was arrested after he attempted to stop the repossession of his vehicle. 27 Service has been an issue in this case, with this Court issuing multiple orders noting that 28 certain Defendants have yet to be served and reminding Plaintiff of the 90-day time period for service provided under Federal Rule of Civil Procedure 4(m). (See ECF Nos. 6, 8, 11, 24). Most recently, this Court’s September 8, 2021 order denied a request for entry of default against Defendants Shelter Financial Services, LLC and RES Recovery, concluding that there was no proof of service in the record. (ECF No. 24). II. The Notice of Voluntary Dismissal Plaintiff’s instant filing responds to the Court’s September 8, 2021 order, generally recounting his efforts to serve Defendants…