Geitz et al v. Koster et al

Filing 9

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs' motion for default judgment [ECF No. 8 ] is DENIED. Signed by District Judge John A. Ross on 4/7/15. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JAMES B. GEITZ,

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Plaintiffs,
v.
CHRIS KOSTER, et al.,
Defendants,

No. 4:15CV269 JAR

MEMORANDUM AND ORDER

Before the Court is Plaintiffs' motion for default judgment under Rule 55 of the Federal
Rules of Civil Procedure. For the following reasons the motion is denied.
On March 4, 2015, the Court determined that process should be issued on the complaint,
and the Court directed the Clerk to effectuate the process.

In accordance with the Court's

agreement with the Office of the Missouri Attorney General, the Clerk issued a letter requesting
waiver of service of process. If counsel waives service for defendants, then it has sixty (60) days
from the date the letter was sent to file responsive pleadings. Fed. R. Civ. P. 12(a)(l)(A)(ii).
Therefore, plaintiffs' request is premature.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs' motion for default judgment [ECF No. 8] is
DENIED.

Dated this D a y of April, 2015.

.ROSS
ED STATES DISTRICT JUDGE