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

Filing 52

MEMORANDUM AND ORDER, the Court DISMISSES all claims in this case against defendants R. Darby Boland, Edward F. Eaton, Will Weeks and Kim Littlefield without prejudice for failure to timely effect service. The Court DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 9/13/2013. (jdh)

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
This matter comes before the Court on the August 20, 2013, order for the plaintiffs to show cause
why their claims against defendants R. Darby Boland, Edward F. Eaton, Will Weeks and Kim Littlefield
should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to
timely effect service (Doc. 42). In its order to show cause, the Court warned the plaintiffs that their
failure to respond in a timely manner to the order would result in dismissal of those claims. The
plaintiffs have not responded to the order to show cause. Therefore, as it warned it would do, the Court
DISMISSES all claims in this case against defendants R. Darby Boland, Edward F. Eaton, Will Weeks
and Kim Littlefield without prejudice for failure to timely effect service. The Court DIRECTS the
Clerk of Court to enter judgment accordingly at the close of the case. Defendants R. Darby Boland,
Edward F. Eaton, Will Weeks and Kim Littlefield are terminated as parties to this case.
IT IS SO ORDERED.
DATED: September 13, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE