Beasley v. Lang et al

Filing 106

ORDER denying 88 Motion to Dismiss; Cautioning EF Properties, LLC against continuing to file meritless motions, which have no apparent purpose other than to prolong this litigation.Signed by Honorable David C. Bramlette, III on May 14, 2018. (JBR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
TERESA BEASLEY

PLAINTIFF

V.

CAUSE NO. 5:16-CV-82-DCB-MTP

ROBERT LANG, BEVERLY LANG,
AND EF PROPERTIES, LLC

DEFENDANTS
ORDER

Before the Court is EF Properties, LLC’s Motion to Dismiss
[Doc. 88] Plaintiff Theresa Beasley’s Amended Complaint on grounds
of

insufficiency

of

process

and

insufficiency

of

service

of

process.
This is EF Properties’ second Motion to Dismiss Beasley’s
Amended Complaint on service-related grounds. See Doc. 39. EF
Properties waived the sufficiency-of-service arguments it advances
here when it failed to raise them in the Motion to Dismiss it filed
ten

months

ago.

FED. R. CIV. P. 12(g)(2);

Crispin-Taveras

v.

Municipality of Carolina, 647 F.3d 1, 7 (1st Cir. 2011) (defendant
waived additional sufficiency-of-service argument by failing to
include it in its initial motion to dismiss on service-related
grounds).

Regardless,

the

Court

has

already

determined

that

EF

Properties was properly served. See Doc. 43. If EF Properties
continues to file meritless motions, which have no apparent purpose
other than to prolong this litigation, the Court will consider
imposing sanctions under Federal Rule of Civil Procedure 11.
Accordingly,
IT IS ORDERED that EF Properties, LLC’s Motion to Dismiss
[Doc. 88] is DENIED.
SO ORDERED, this the 14th day of May, 2018.
/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE

2