Custom Blending and Packaging of St. Louis, LLC v. Steven Moser, Jr. et al

Filing 63

ORDER denying 53 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 10/1/09. (amv)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CUSTOM BLENDING AND PACKAGING ) OF ST. LOUIS, LLC, ) ) Plaintiff, ) ) V. ) ) STEVEN MOSER, JR., et al., ) ) Defendants. ) ORDER PROUD, Magistrate Judge: Before the Court is plaintiff Custom Blending and Packaging of St. Louis's motion for costs and fees associated with having to effect personal service of the summons and complaint upon defendants Steven Moser, Jr., and Steven Moser, Sr. (Doc. 53). No response to the subject has been filed. Federal Rule of Civil Procedure 4(d)(2) does provide for an award of expenses and fees associated with a party's failure to waive service, provided the request for a waiver was done in accordance with Rule 4(d)(1). Plaintiff has failed to submit a copy of the waivers, so the Court cannot properly evaluate the propriety of awarding fees and costs. IT IS THEREFORE ORDERED that the subject motion (Doc. 53) is DENIED. IT IS SO ORDERED. DATED: October 1, 2009 s/ Clifford J. Proud CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE Civil No. 08-592-DRH

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?