Employers & Cement Masons #90 Health & Welfare Fund et al v. Ehret, Inc.

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to reconsider is DENIED. Doc. No. 6 . Signed by District Judge Audrey G. Fleissig on 10/3/2013. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EMPLOYERS & CEMENT MASONS
#90 HEALTH & WELFARE FUND and
EMPLOYERS & CEMENT MASONS
#90 PENSION FUND,
Plaintiffs,
v.
EHRET, INC.,
Defendant.

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Case No. 4:13CV01678 AGF

MEMORANDUM AND ORDER
This case is before the Court on Plaintiffs’ motion to reconsider the denial by the
Clerk of Court of Plaintiffs’ motion for entry of default against Defendant. For the
reasons stated in the Clerk of Court’s Order, Plaintiffs’ motion shall be denied.
Plaintiffs’ proof of service referred to Jody Motes as being “designated by law to accept
service of process on behalf of” Defendant. However, the Clerk of Court noted that
Motes is neither the registered agent nor an officer of the corporation. If the person
served had the authority to accept service on some basis other than designation by law,
the proof of service form has an area for the process server to specify that the person
served was authorized by the defendant to accept service of process on its behalf in some
other way. (Doc. No. 3 at 3). The Court will reconsider Plaintiffs’ motion upon the
submission of some evidence that Motes is authorized to accept service of process on

behalf of Defendant.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ motion to reconsider is DENIED.
(Doc. No. 6.)

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of October, 2013.

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