Greater St. Louis Construction Laborers Welfare Fund et al v. Mo Main Construction, LLC

Filing 22

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs have until July 13, 2015 to file an appropriate Motion for Default Judgment. Signed by District Judge John A. Ross on 7/7/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GREATER ST. LOUIS CONTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
vs.
MO MAIN CONSTRUCTION, LLC.,
Defendant.

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Case No. 4:14-CV-2113-JAR

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. On December 30, 2014, Plaintiffs
filed their complaint against Defendant Mo Main Construction, LLC (“Mo Main”) for violations
of the Employee Retirement Income Security Act of 1974 (Doc. 1). However, while Plaintiffs
appropriately indicated Mo Main in the caption of the complaint, they failed to correctly identify
Mo Main in the body of the complaint; the complaint instead referred to Metro Building
Solutions (Doc. 1 at ¶6). Therefore, although Mo Main failed to answer or otherwise respond to
Plaintiffs’ complaint, the Court denied Plaintiffs’ Motion for Default Judgment, vacated the
Clerk’s entry of default, and directed Plaintiffs to file an amended complaint (Doc. 8). Plaintiffs
filed an amended complaint on February 11, 2015 (Doc. 11) and again requested clerk’s entry of
default and default judgment (Doc. 12). On March 17, 2015 Clerk’s entry of default was entered
(Doc. 15). However, although Plaintiffs’ amended complaint was filed within 21 days of the
original pleading, personal service was not properly effected upon a proper Defendant. FED. R.
CIV. P. 15(a)(1)(A). Therefore, the Court denied Plaintiffs’ Motion for Default Judgment,
vacated the Clerk’s entry of default, and directed Plaintiffs to effect personal service of the
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amended complaint upon the Defendant before seeking clerk’s entry of default or default
judgment. As of April 18, 2015, the record reflects proper service on Defendant of the amended
complaint (Doc. 18). Defendant failed to answer or otherwise respond to the amended complaint
and the Clerk of Court entered default on May 8, 2015. However, since that time there has not
been any activity in the case.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs have until July 13, 2015 to file an
appropriate Motion for Default Judgment.
Dated this 7th day of July, 2015.

_____________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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