Rhodes v. Mr. Bult's Inc.

Filing 34

MEMORANDUM AND ORDER re: 30 MOTION for Default Judgment as to Party Third Party Defendant Alexander Rhodes filed by ThirdParty Plaintiff Mr. Bult's Inc. IT IS HEREBY ORDERED that defendant/third-party plaintiff Mr. Bults, Inc.� 39;s Motion for Default Judgment Against Third-Party Defendant Alexander Rhodes (ECF #30) is DENIED for insufficient proof of service. IT IS FURTHER HEREBY ORDERED that the Clerk's Entry of Default (ECF #32) is WITHDRAWN for insufficient proof of service. Signed by District Judge Stephen N. Limbaugh, Jr on 12/3/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
QUANITA RHODES,
Plaintiff,
v.
MR. BULT’S, INC. and
RICKY DOUGLAS,
Defendants/Third-Party Plaintiffs,
v.
ALEXANDER RHODES,
Third-Party Defendant.

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Case No. 4:15CV1075 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendant/third-party plaintiff Mr. Bult’s, Inc.’s
Motion for Default Judgment Against Third-Party Defendant Alexander Rhodes (ECF
#30). Upon review of the Proof of Service filed by defendant/third-party plaintiff as to
third-party defendant Alexander Rhodes (ECF #27), the Court finds that the proof of
service is insufficient. The proof of service states that the summons was left at the
individual’s residence or usual place of abode with Quanita Rhodes, a person of suitable
age and discretion who resides there. However, the Proof of Service further states that
Quanita Rhodes claimed to not have a son named Alexander Rhodes and claimed her
son’s name is Alan Rhodes. Without further evidence, the proof of service filed by
defendant/third-party plaintiff is insufficient to establish proof of service on third-party
defendant Alexander Rhodes.

Accordingly,
IT IS HEREBY ORDERED that defendant/third-party plaintiff Mr. Bult’s, Inc.’s
Motion for Default Judgment Against Third-Party Defendant Alexander Rhodes (ECF
#30) is DENIED for insufficient proof of service.
IT IS FURTHER HEREBY ORDERED that the Clerk’s Entry of Default (ECF
#32) is WITHDRAWN for insufficient proof of service.
Dated this 3rd day of December, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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