Wells v. Kessler Corporation et al

Filing 15

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs pro se Motion for Default Judgment is DENIED. ECF No. 13 .. Signed by District Judge Audrey G. Fleissig on 12/26/2017. (NEP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KERRY S. WELLS,
Plaintiff,
vs.
KESSLER CORPORATION,
CHARLES C. MCCLOSKEY
LINCOLN CORPORATION,
DAVID MARK ALLEN,
PAL G. CONKEY, and
UNKNOWN NAMED DEFENDANTS,
Defendants.

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No. 4:17-cv-02709-AGF

MEMORANDUM AND ORDER
This matter is before the Court on pro se Plaintiff Kerry Wells’s “Motion for
Default Judgment.” ECF No. 13. In that motion, and supporting memorandum (ECF
No. 14), Plaintiff states that Defendant Charles C. McCloskey has not served an answer to
Plaintiff’s complaint in the time allowed.
Upon review of the record, the Court notes that Plaintiff has named five Defendants
in his pro se complaint for patent infringement, but Plaintiff has served only one,
McCloskey.1 Rather than answering the complaint, McCloskey has filed a timely motion
to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). In
response to McCloskey’s motion, Plaintiff submitted additional documents in support of
his complaint and stated that he needed “more time to conduct discovery.” ECF No. 8.
McCloskey’s motion to dismiss is pending before the Court.
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The time limit for serving the remaining Defendants, pursuant to Federal Rule of
Civil Procedure 4(m), has not yet expired.

Because McCloskey has filed a timely motion to dismiss, he has not “failed to plead
or otherwise defend,” and default judgment is not warranted under Federal Rule of Civil
Procedure 44.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s pro se Motion for Default Judgment is
DENIED. ECF No. 13.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 26th day of December, 2017.

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