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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)

M. NAWAZ RAJA, et al., )

)

Plaintiffs, )

)

v. ) No. 16-cv-0511 (KBJ)

)

FEDERAL DEPOSIT INSURANCE 

CORPORATION, et al.,

)

)

)

Defendants. )

)

MEMORANDUM OPINION AND ORDER

ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

REGARDING SERVICE

On February 12, 2018, this Court issued an order that required Plaintiffs to 

“serve all Defendants . . . and file with the Court proof that they have effectuated 

service of process on all Defendants by April 13, 2018.” (Mem. Op. and Ord. Partially 

Adopting the Magistrate Judge’s Report and Recommendation Regarding Service 

(“Mem. Op.”), ECF No. 56, at 14.) Before this Court at present is Magistrate Judge 

Deborah Robinson’s Report and Recommendation (“R & R”) dated September 4, 2019, 

finding that Plaintiffs failed to demonstrate proper service of process on Defendants

IMB Holdco LLC and Indy Mac Venture LLC by April 13, 2018, and recommending

that these Defendants be dismissed from the action without prejudice. (See R & R, ECF 

No. 97, at 1.) Plaintiffs timely filed an objection contesting the R & R’s findings. (See 

Pls.’ Obj. to R & R (“Pls.’ Obj.”), ECF No. 101.) 
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This Court previously found that Plaintiffs’ efforts to serve Defendants were 

improper. (See Mem. Op. at 6–11 (noting that Plaintiffs had not served designated 

agents of the Defendants under Fed. R. Civ. P. 4(h)(1)(B), (i)(2), (e)(2), and had not 

filed the required servers’ affidavits to prove that Defendants were properly served 

under Fed. R. Civ. P. 4(l)(1))). Therefore, this Court required Plaintiffs to “serve all 

Defendants” and stated that if Plaintiffs “fail[ed] to file proper proof of service by April 

13, 2018, this Court [would] dismiss this case without prejudice.” (Id. at 14–15.)

Plaintiffs’ objection demonstrates that Plaintiffs have not taken any new actions 

to serve these two Defendants properly, nor have they filed proper proof of service in 

the form of the servers’ affidavits, as Federal Rule of Civil Procedure 4(l) requires. 

(See Pls.’ Obj. at 2–4 (relying on June 15, 2017 services that this Court has already 

deemed improper and lacking in proof of service); see also R & R at 1 (finding that 

Defendants were not served and no proof of service for either Defendant “appears 

among the ECF entries in this civil action”).) Because Plaintiffs have not taken any 

actions to comply with this Court’s order to serve these two Defendants properly and to 

prove such service by April 13, 2018, this Court finds that Plaintiffs have not met their 

burden of service of process under Federal Rule of Civil Procedure 4.

For the reasons stated above, it is hereby 

ORDERED that the findings and recommendation of the [97] Report and

Recommendation are ADOPTED (over Plaintiffs’ objections). 

Accordingly, it is

FURTHER ORDERED that this action is dismissed without prejudice as to 

Defendant IMB Holdco LLC and Indy Mac Ventures LLC for Plaintiffs’ failure to 
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effect service upon them in accordance with Federal Rule of Civil Procedure 4 and this 

Court’s [56] Memorandum Opinion and Order.

DATE: October 2, 2019 Ketanji Brown Jackson

KETANJI BROWN JACKSON

United States District Judge