Hall v. Air & Liquid Systems Corporation et al

Filing 78

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs shall show cause within ten (10) days of the date of this order why Defendants CBS Corporation, Crown Cork and Seal Company, Inc., Goulds Pumps, Inc., and J.P. Bushnell Packing Supply Co. sho uld not be dismissed without prejudice for lack of timely service. IT IS FURTHER ORDERED that Plaintiffs shall file a status report within ten (10) days of the date of this order setting out the progress of this case to date and the nature and extent of any discovery conducted in state court. IT IS FURTHER ORDERED that the pending Motions to Dismiss (Docs. 12-17) are DENIED without prejudice. ( Show Cause Response due by 6/5/2015., Status Report due by 6/5/2015.) Signed by District Judge John A. Ross on 5/26/15. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JAMES HALL and MARYILYN HALL,
Plaintiffs,
vs.
AIR & LIQUID SYSTEMS
CORPORATIONS, et al.,
Defendants.

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Case No. 4:14-CV-1737-JAR

MEMORANDUM AND ORDER
This asbestos case is before the Court on review of the file. The record contains neither
proof of service nor entry of appearance of behalf of the following Defendants: CBS
Corporation, Crown Cork and Seal Company, Inc., Goulds Pumps, Inc., and J.P. Bushnell
Packing Supply Co. Plaintiffs shall show cause within ten (10) days of the date of this order
why these Defendants should not be dismissed without prejudice for lack of timely service.
Plaintiffs are further directed to file a status report within ten (10) days of the date of this order
setting out the progress of this case to date and the nature and extent of any discovery conducted
in state court.
The Court has also reviewed the numerous motions to dismiss filed in the state court
(Docs. 12-17). These motions largely move to dismiss Plaintiffs’ complaint for failure to state a
claim and, in the alternative, seek a more definite statement. The Court will deny these motions
without prejudice as they rely primarily on Missouri state law and fail to follow this Court’s local
rules. Specifically, the Motions to Dismiss are not supported with memorandums. E.D. Mo.
L.R. 4.01(A) (“Unless otherwise directed by the Court, the moving party shall file with each

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motion a memorandum in support of the motion, including any relevant argument and citations
to any authorities on which the party relies”).
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs shall show cause within ten (10) days of the
date of this order why Defendants CBS Corporation, Crown Cork and Seal Company, Inc.,
Goulds Pumps, Inc., and J.P. Bushnell Packing Supply Co. should not be dismissed without
prejudice for lack of timely service.
IT IS FURTHER ORDERED that Plaintiffs shall file a status report within ten (10)
days of the date of this order setting out the progress of this case to date and the nature and extent
of any discovery conducted in state court.
IT IS FURTHER ORDERED that the pending Motions to Dismiss (Docs. 12-17) are
DENIED without prejudice.

Dated this 26th day of May, 2015.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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