Dupont et al v. Freight Feeder Aircraft Corporation, Inc. et al

Filing 42

MEMORANDUM AND ORDER Striking the second amended complaint (Doc. 39) and ORDER TO SHOW CAUSE why the claims against defendants should not be dismissed without prejudice for failure to timely effect service. Signed by Judge J. Phil Gilbert on 8/20/13. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN J. DUPONT, RANDY MOSELEY and
UTILICRAFT AEROSPACE INDUSTRIES, INC.,
Plaintiffs,
Case No. 13-cv-256-JPG-DGW
v.
FREIGHT FEEDER AIRCRAFT CORPORATION,
INC., L. DAVID BRIDGES, R. DARBY BOLAND,
KEVIN WILLIAMS, STEPHEN CARMICHAEL, H.
CLIFF SAYLOR, EDWARD F. EATON, WILL
WEEKS, KIM LITTLEFIELD, and THE FIRST
NATIONAL BANK OF ST. LOUIS,
Defendants.
MEMORANDUM AND
ORDER TO SHOW CAUSE
This matter comes before the Court for case management purposes. The Court notes that
plaintiffs John J. Dupont and Randy Moseley have filed a second amended complaint (Doc. 39).
The amended pleading was not filed within the time allowed for amendment of a pleading as a
matter of course, and there is no indication in the record that the opposing parties have consented
in writing to such an amendment. See Fed. R. Civ. P. 15(a). Nor has the Court granted leave to
file an amended pleading. See id. Additionally, the amended pleading fails to comply with
Local Rule 15.1 regarding submission of a proposed amended pleading and underlining new
material. For these reasons, the Court STRIKES the second amended complaint (Doc. 39).
The Court further notes that there is no evidence in the record that service of process has
been effected upon defendants R. Darby Boland, Edward F. Eaton, Will Weeks, and Kim
Littlefield within 120 days after the filing of the complaint, as prescribed by Federal Rule of Civil
Procedure 4(m). Accordingly, the Court hereby ORDERS the plaintiffs to SHOW CAUSE on

or before September 6, 2013, why the claims against those defendants should not be dismissed
without prejudice for failure to timely effect service. Failure to respond in a timely manner to this
order will result in dismissal of those claims.
IT IS SO ORDERED.
DATED: August 20, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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