J & J Sports Productions, Inc. v. Mabin et al

Filing 13

ORDER AND OPINION (1) DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANT LONNIE MABIN WITHOUT PREJUDICE, AND (2) DIRECTING PLAINTIFF TO FILE DOCUMENTS AND MATERIALS REQUIRED BY RULE 55(b)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Lonnie Mabin (an individual) terminated. Signed on 3/31/16 by District Judge Ortrie D. Smith. (Matthes, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
J&J SPORTS PRODUCTIONS, INC.,

)
)
Plaintiff,
)
)
vs.
)
)
LONNIE MABIN, CURTIS MABIN, and )
MABIN ENTERPRISES, INC.,
)
)
Defendants.
)

Case No. 4:15-CV-00889-ODS

ORDER AND OPINION (1) DISMISSING PLAINTIFF’S CLAIMS
AGAINST DEFENDANT LONNIE MABIN WITHOUT PREJUDICE, AND
(2) DIRECTING PLAINTIFF TO FILE DOCUMENTS AND MATERIALS REQUIRED
BY RULE 55(b)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE
This matter was filed on November 12, 2015. Doc. #1. Plaintiff’s deadline to
serve Defendants was March 14, 2016, but Plaintiff failed to serve Defendant Lonnie
Mabin by that deadline. The Court ordered Plaintiff to show cause why its claims
against Lonnie Mabin should not be dismissed for failure to effect service. Doc. #11.
Plaintiff filed its response requesting its claims against Lonnie Mabin be dismissed
without prejudice. Pursuant to Plaintiff’s request, the Court dismisses Plaintiff’s claims
against Lonnie Mabin without prejudice.
Plaintiff effected service on the other two defendants: Mabin Enterprises, Inc.,
and Curtis Mabin. Neither defendant filed an answer. The Court previously found those
defendants to be in default but deferred consideration of Plaintiff’s damages until a final
judgment could be entered against all Defendants. Doc. #7. Now that only these two
defendants remain, the Court will consider Plaintiff’s damages. Within twenty-one days
of this Order, Plaintiff shall file the appropriate documents and materials described in
Rule 55(b)(1) of the Federal Rules of Civil Procedure to satisfy the requirements for
default judgment.
The Clerk's Office is directed to send two copies of this Order, one via first class
mail postage prepaid and one via certified mail, return receipt requested, to:

Curtis Mabin
12104 Grand Avenue
Kansas City, Missouri 64145
Mabin Enterprises, Inc.
c/o Richard T. Bryant
1102 Grand Avenue, Suite 809
Kansas City, Missouri 64106

IT IS SO ORDERED.

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

DATE: March 31, 2016

2