Nangle, et al v. Lauer, et al

Filing 977

MEMORANDUM AND ORDER re: 975 MOTION to Alter Judgment (Revive Judgment) filed by Plaintiff Timothy Michael Nangle, Plaintiff Harriet Nangle Rose, Plaintiff Ellen Catherine Nangle, Plaintiff Stephen J. Nangle, Plaintiff Cele Nangle, and Plain tiff E. Bruce Nangle. IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 69(a)(1) and Mo. R. Civ. P. 74.09, that defendant Leroy J. Lauer, or his successors in interest or legal representatives, shall show cause, within fourteen (14) days of the date of this order, why this judgment should not be revived. IT IS FURTHER ORDERED that the clerk shall mail this order todefendant Leroy J. Lauer, at 853 Kings Gate Drive, OFallon, Missouri, 63368,in addition to serving it on all counsel of record. Show Cause Response due by 2/5/2009. Signed by Honorable Catherine D. Perry on 1/21/09. (RJD)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION E. BRUCE NANGLE, et al., Plaintiffs, vs. LEROY J. LAUER, Defendant. ) ) ) ) ) ) ) ) )

Case No. 4:97CV1152 CDP

ORDER Plaintiffs have moved to revive the judgment in this case. A judgment may be revived by order of the court, pursuant to a motion for revival, if that motion is made within ten years after the entry of the judgment. Mo. R. Civ. P. 74.09. This court entered judgment against defendant Leroy J. Lauer on November 21, 2002. IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 69(a)(1) and Mo. R. Civ. P. 74.09, that defendant Leroy J. Lauer, or his successors in interest or legal representatives, shall show cause, within fourteen (14) days of the date of this order, why this judgment should not be revived.

IT IS FURTHER ORDERED that the clerk shall mail this order to defendant Leroy J. Lauer, at 853 Kings Gate Drive, O'Fallon, Missouri, 63368, in addition to serving it on all counsel of record.

CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE

Dated this 21st day of January, 2009.

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