Radford et al v. United States et al

Filing 31

MEMORANDUM AND ORDER re: 24 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Defendant United States. IT IS HEREBY ORDERED that plaintiffs shall file any opposition to the motion to dismiss 24 by no later t han February 16, 2016, and any opposition shall comply with the requirements set out in this order. Failure to timely respond to the motion to dismiss will result in the Court granting the motion without further notice by the Court. Defendant shall file a reply brief as set out in this order by February 23, 2016. Signed by District Judge Rodney W. Sippel on 1/28/16. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICKY WARREN RADFORD, et al.,
Plaintiffs,
vs.
UNITED STATES, et al.,
Defendants.

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Case No. 4:15 CV 1720 RWS

MEMORANDUM AND ORDER
As defendant United States of America has moved for dismissal of plaintiffs’ claims, I
will grant plaintiffs until February 16, 2016, to respond to the motion to dismiss, which shall
comply with the page limitation set out in the local rules and contain, at the end of the
document, one certificate of service only evidencing service on all defendants.

Defendant

should file a reply brief by February 23, 2016, which shall include a discussion of whether, and
to what extent, defendant’s arguments would also require dismissal of plaintiffs’ claims against
the remaining defendants as well. Moreover, as defendant contends that service of process is
improper as to the remaining defendants, defendant shall set out why service is improper.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs shall file any opposition to the motion to
dismiss [24] by no later than February 16, 2016, and any opposition shall comply with the
requirements set out above. Failure to timely respond to the motion to dismiss will result
in the Court granting the motion without further notice by the Court. Defendant shall file a
reply brief as set out above by February 23, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 28th day of January, 2016.

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