Ingrassia v. Schafer et al
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff shall show cause why defendants Rodney Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith should not be dismissed from this action without prejudice for lack of timely service. Response to Court due by 1/11/2013. Signed by District Judge Audrey G. Fleissig on 12/28/12. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
KEITH SCHAFER, et al.,
No. 4:11CV2062 AGF
MEMORANDUM AND ORDER
This matter is before the Court on its own motion. Plaintiff filed this action on
November 25, 2011, against more than fifty-eight defendants. For over a year, the Court has
dealt primarily with finding the defendants who survived frivolity review and serving them
with process. It has taken over a year for some of the defendants to provide the Court with
responsive pleadings. At this time, four defendants – Rodney Rangel, Susan Zoenthoefer,
Ron Scharer, and Bryan Smith – have not yet been served because plaintiff has not provided
the Court with their current addresses.
Rule 4(m) permits the Court to dismiss an action against a defendant without prejudice
if a defendant is not served within 120 days after a complaint is filed. Plaintiff shall show
cause within fourteen days of the date of this order why these four defendants should not be
dismissed under Rule 4(m). If plaintiff fails to show adequate cause, the Court will dismiss
these four defendants without prejudice.
IT IS HEREBY ORDERED that plaintiff shall show cause why defendants Rodney
Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith should not be dismissed from this
action without prejudice for lack of timely service.
Dated this 28th day of December, 2012.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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