Couch v. Pollack

Filing 165

ORDER GRANTING Motion to Dismiss (Doc. 142 ) and Motion to Dismiss (Doc. 144 ). Defendant Walter Pollock, LLC is DISMISSED with prejudice. Signed by Judge Staci M. Yandle on 1/15/2020. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AUTUMN N. CROUCH, Special
Administrator of the Estate of Jacob Russell
Steward, deceased,
Plaintiff,
vs.
WALTER B. POLLOCK, WALTER
POLLOCK, LLC, TAYLOR LOGISTICS
COMPANY, LLC, POLLOCK
LOGISTICS, LLC, JEFFREY F. HALL,
JR., HALL TRANSPORTATION, LLC,
and DEBRA K. POLLOCK,
Defendants.
AND
KIMBERLY D. BOSEL, Individually, and
as Independent Representative of the Estate
of Eric A. Bosel,
Plaintiff,
vs.
WALTER B. POLLOCK, WALTER
POLLOCK, LLC, TAYLOR LOGISTICS
COMPANY, LLC POLLOCK
LOGISTICS, LLC, JEFFREY F. HALL,
JR., HALL TRANSPORTATION, LLC,
and DEBRA K. POLLOCK,
Defendants.

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Case No. 17-CV-1089-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On July 27, 2017, a motor vehicle accident occurred in Stanford Township, Illinois that

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resulted in the death of Eric A. Bosel and Jacob Russell Stewart, whose separate vehicles were
struck by a Freightliner tractor-trailer operated by Defendant Walter Pollock. Representatives of
the decedents’ estates filed the instant lawsuit asserting negligence and wrongful death claims
against Pollock and other parties, including “Walter Pollock, LLC” (“WPL”). Now pending before
the Court are Defendant WPL’s motions to dismiss (Docs. 142 and 144) to which Plaintiffs have
not responded. For the following reasons, the motions are GRANTED.
The Amended Complaints in this consolidated action list WPL as a Defendant and allege:
On information and belief, on and/or before July 27, 2017, and at all times material,
Defendant Walter Pollock, LLC (hereinafter “Pollock LLC”) was and is a business
entity providing trucking services located in the State of Missouri and subject to
the Federal Motor Safety Regulations.
(Doc. 90, 9; Doc. 99, 10).
The Amended Complaints further allege that Walter Pollock is an agent and employee of WPL (in
addition to other Defendants) (Doc. 90,

17; Doc. 99,

16, 20). Summons was addressed to

WPL at 618 Sikes Avenue, Sikeston, MO 63801, Walter Pollock’s home address, and one was left
with James Pollock, his son, and another with Debra Pollock, his wife (Docs. 116 and 120). The
Amended Complaints do not contain any additional facts about WPL.
In support of dismissal, WPL asserts it is a legally non-existent entity that does not have
the capacity to be sued. See Fed.R.Civ.P. 17(b)(3). It further argues that the service of process
was inconsistent with Rule 4.
Pursuant to Local Rule 7.1(c), the Court considers Plaintiffs’ failure to respond as an
admission to the merits of the motions.1 As such, there is no showing that WPL is a legal entity
in either Missouri or Illinois or that either James or Debra Pollock are registered agents of WPL.
Further, the Court finds that service of process was accomplished inconsistent with Rule 4(h).
1

Plaintiffs filed ineffectual stipulations to dismiss WPL which were stricken (Doc. 159).

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Accordingly, the motions are GRANTED and Defendant WPL is DISMISSED with prejudice.
IT IS SO ORDERED.
DATED: January 15, 2020

STACI M. YANDLE
United States District Judge

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