Frazier v. Smith & Nephew, Inc. et al

Filing 23

ORDER :ORDERED that Plaintiff's request for an additional 120 days to serve Defendant Doe Corporation is GRANTED in part and DENIED in part. Plaintiff shall have an additional 60 days to serve Defendant Doe Corporation. Failure to obtain service within that time may result in dismissal without prejudice of Defendant Doe Corporation. FURTHER ORDERED that, pursuant to the authority granted to the Court by Federal Rule of Civil Procedure 26(d)(1) and Local Rule 26-3.01(B), Plaintiff may engage in discovery at this point in the proceedings, limited to the identity of Defendant Doe Corporation.. Signed by Magistrate Judge Audrey G. Fleissig on 1/20/10. (CEL)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) Plaintiff, ) ) vs. ) ) SMITH & NEPHEW, INC.; STRYKER ) CORPORATION; BREG, INC.; and ) DOE CORPORATION, ) ) Defendants. ) JUSTIN FRAZIER,

Case No. 4:09CV1613 AGF

ORDER IT IS HEREBY ORDERED that Plaintiff's request for an additional 120 days to serve Defendant Doe Corporation is GRANTED in part and DENIED in part. Plaintiff shall have an additional 60 days to serve Defendant Doe Corporation. Failure to obtain service within that time may result in dismissal without prejudice of Defendant Doe Corporation. IT IS FURTHER ORDERED that, pursuant to the authority granted to the Court by Federal Rule of Civil Procedure 26(d)(1) and Local Rule 26-3.01(B), Plaintiff may engage in discovery at this point in the proceedings, limited to the identity of Defendant Doe Corporation. ___________________________________ AUDREY G. FLEISSIG UNITED STATES MAGISTRATE JUDGE Dated on this 20th day of January, 2010.