Bartlett Grain Company, L.P. v. American International Group, Inc. et al

Filing 66

ORDER and OPINION denying 44 Defendant Chartis Insurance UK Limited's Motion to Dismiss. Signed on 08/12/2011 by District Judge Ortrie D. Smith. (Will-Fees, Eva)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

BARTLETT GRAIN COMPANY, L.P.,
Plaintiff,
vs.
AMERICAN INTERNATIONAL GROUP,
et al.,
Defendants.

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Case No. 11-0509-CV-W-ODS

ORDER AND OPINION DENYING DEFENDANT CHARTIS INSURANCE UK
LIMITED’S MOTION TO DISMISS
Pending is Chartis Insurance UK Limited’s (“Chartis”) Motion to dismiss, which
alleges (1) lack of personal jurisdiction and (2) improper service. The motion (Doc. #
44) is denied on the merits with respect to the first issue for the reasons stated in the
Court’s prior orders. The motion is denied without prejudice with respect to the second
issue. The time for Plaintiff to serve has not expired, so the Court does not deem it
appropriate to dismiss Chartis at this time. Moreover, the Court is aware that service
under the Hague Convention takes some time, and to that end the Court sua sponte
extends the time for Plaintiff to serve Chartis to and including December 1, 2011.
Chartis is free to re-assert its argument if it still does not believe it has been properly
served when that date arrives.

IT IS SO ORDERED.

DATE: August 12, 2011

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT