SOUTH EAST ENTERPRISE GROUP LLC et al v. GILL et al

Filing 101

ORDER denying 86 Motion to Dismiss. Ordered by US DISTRICT JUDGE CLAY D LAND on 01/22/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SOUTH EAST ENTERPRISE GROUP,
LLC, et al.,

*
*

Plaintiffs,
*
vs.

CASE NO. 4:15-cv-25 (CDL)
*

JOHN GILL, et al.,
*
Defendants.
*
O R D E R
Defendant
Plaintiffs’
insufficient

Michael

claims

Gill

against

service

of

filed

his

a

motion

co-defendant,

process.

Federal

to

John
Rule

dismiss

Gill,
of

for

Civil

Procedure 12(b) states that “a party may assert the following
defenses by motion: . . . (4) insufficient process; [and] (5)
insufficient service of process.”

Fed. R. Civ. P. 12(b).

John

Gill did not file a motion to dismiss, and Michael Gill offered
no authority to explain why he may file a motion to dismiss the
claims against John Gill under 12(b)(4) or (5).

The Court thus

denies Michael Gill’s motion to dismiss John Gill (ECF No. 86).

IT IS SO ORDERED, this 22nd day of January, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA