Supple v Trimac Transportation Group, Inc. et al

Filing 19

MEMORANDUM AND ORDER re: 13 MOTION to Dismiss Case MOTION to Dismiss Party Robert Monger filed by Defendant Trimac Transportation Group, Inc.; motion is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 1/4/17. (CSG)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION SHANE S. SUPPLE, Plaintiff, vs. TRIMAC TRANSPORTATION GROUP, INC. and ROBERT S. MONGER, Defendants. ) ) ) ) ) ) ) ) ) ) No. 1:16-cv-203 SNLJ MEMORANDUM and ORDER Defendant Trimac Transportation Group, Inc. moved to dismiss plaintiff’s complaint against defendant Robert Monger on November 17, 2016 (#13), pursuant to Federal Rule of Civil Procedure 12(b)(4) and in light of plaintiff’s failure to serve Monger as of the date of the motion’s filing. Plaintiff responded and requested an additional 90 days in which to serve Monger because, despite three attempts at serving him, plaintiff had been unable to do so but was diligently pursuing the matter. Indeed, defendant Monger was served on December 2, 2016, and he answered the complaint on December 20, 2016. As a result, plaintiff’s motion is moot. Accordingly, IT IS HEREBY ORDERED that defendant’s motion to dismiss is DENIED as moot. Dated this 4th day of January, 2017. ______________________________ STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

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