Ingrassia v. Schafer et al

Filing 62

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Rodney Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith are DISMISSED from this action without prejudice. An Order of Partial Dismissal will be filed with this Order. Signed by District Judge Audrey G. Fleissig on 1/18/2013. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS INGRASSIA,
Plaintiff,
v.
KEITH SCHAFER, et al.,
Defendants.

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No. 4:11CV2062 AGF

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s response to this Court’s show cause
order. The Court ordered plaintiff to show cause why defendants Rodney Rangel, Susan
Zoenthoefer, Ron Scharer, and Bryan Smith should not be dismissed because he had failed
to provide the Court with their service information well after the deadline in Rule 4(m) had
passed.
Plaintiff was made aware that these defendants’ summons were returned unexecuted
around November 16, 2012, yet he made no motion with the Court to request their updated
addresses from defendants, nor did he take any other action to effectuate process on these
defendants. Plaintiff states that he “is essentially a helpless bystander in the drama where
the Clerk of Court seeks a waiver of service for Defendants no longer employed by the
State . . .”
This action was filed nearly fourteen months ago. The Court has gone beyond its
normal duty to ensure that the many named defendants have been served with process in this

action. Plaintiff cannot sit by, do nothing, and declare himself a helpless bystander while
this litigation fails to progress to the discovery stage. As a result, the Court will dismiss
defendants Rodney Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith from this
action under Rule 4(m) of the Federal Rules of Civil Procedure. This will allow this case
to proceed as it should.
Accordingly,
IT IS HEREBY ORDERED that defendants Rodney Rangel, Susan Zoenthoefer,
Ron Scharer, and Bryan Smith are DISMISSED from this action without prejudice.
An Order of Partial Dismissal will be filed with this Order.
Dated this 18th day of January, 2013.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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