Whitmore et al v. American Dream Logistics, Inc. et al

Filing 51

MEMORANDUM AND ORDER re: 49 MOTION for Service by Publication filed by Plaintiff K. W., Plaintiff Portia Whitmore, Plaintiff Luther Whitmore motion is DENIED WITHOUT PREJUDICE. Signed by Honorable Rodney W. Sippel on 1/24/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LUTHER WHITMORE, et al.,
Plaintiffs,
vs.
AMERICAN DREAM LOGISTICS,
INC., et al.,
Defendants.

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Case No. 4:11CV1170 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiffs’ motion to for leave to serve defendant Tihomir
Markovic by publication. Plaintiffs’ motion will be denied without prejudice because plaintiffs
cite no authority in the Federal Rules of Civil Procedure for service by publication in these
circumstances. Although plaintiffs may serve this defendant consistent with Missouri law,
plaintiffs do not cite any Missouri Rules of Civil Procedure that would permit service by
publication in this circumstance, either. The affidavit in support of the motion does not satisfy
Missouri Rule of Civil Procedure 54.20(f) because there is no evidence at this time that Markovic
has refused service. Plaintiffs may request issuance of alias summons or attempt waiver of
service in accordance with Rule 4(d) of the Federal Rules of Civil Procedure, but they may not
serve this defendant by publication unless they are authorized to do so under the Federal or
Missouri Rules of Civil Procedure.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs’ motion for service by publication [#49] is
denied without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 24th day of January, 2012.

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