GS Holistic, LLC v. Stars Wireless and Smoke LLC et al

Filing 13

DECISION AND ORDER; ORDER TO SHOW CAUSE - Defendant Alili's Motion for leave to file an amended answer and counterclaim (ECF No. 11) is denied without prejudice to its renewal when accompanied by a proposed amended answer and counterclaim. D efendant Alili's Motion to Obtain Electronic Case Filing Rights (ECF No. 10) is granted with the caution to Defendant to comply carefully with the Court's ECF Filing Manual. Plaintiff is ORDERED to show cause not later than April 10, 2024, why the Complaint herein should not be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m) for failure to prosecute. Signed by Magistrate Judge Michael R. Merz on 3/27/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
GS HOLISTIC, LLC,
Plaintiff,

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vs

:

Case No. 1:23-cv-641

District Judge Walter H. Rice
Magistrate Judge Michael R. Merz

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STARS WIRELESS
AND SMOKE, LLC, et al.,
Defendants.

:

DECISION AND ORDER; ORDER TO SHOW CAUSE

This case is before the Court on Motion of Defendant Mahmoud Alili, proceeding pro se,
for leave to file an amended answer and counterclaim (ECF No. 11). The Motion is denied without
prejudice to its renewal when accompanied by a proposed amended answer and counterclaim. It
is the customary practice in this Court to accompany motions to amend with a copy of the proposed
amended pleading so that the Court can properly adjudicate the motion under Fed.R.Civ.P. 15.
The Court notes that Defendant Alili’s original answer is a general denial and calls to his attention
the provisions of Fed.R.Civ.P. 8 and Fed.R.Civ.P. 11 which must be adhered to in preparing any
proposed amended answer.
The case is also before the Court on Defendant Alili’s Motion to Obtain Electronic Case
Filing Rights (ECF No. 10). That Motion is granted with the caution to Defendant to comply
carefully with the Court’s ECF Filing Manual.
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The Court notes that Defendant Alili’s address on the docket is given as 6470 Glenway
Avenue, Cincinnati, Ohio 45211. A different address is used on the Motion to Obtain ECF Filing
Rights. However on the Motion to Amend, Mr. Alili has returned to the Glenway address. This
address will be used by the Clerk until and unless a formal notice of a change of address is filed.

ORDER TO SHOW CAUSE

Upon examination of the docket, the Court finds that there is as yet no proof of service
filed as to the corporate Defendant. This case was filed October 4, 2023 (ECF No. 1). On January
2, 2024, Plaintiff moved for an extension of time within which to perfect service and the Court
granted an extension to March 1, 2024 (ECF Nos. 6, 7). That extension has now expired and no
proof of service on the corporate Defendant has been filed. Accordingly, Plaintiff is ORDERED
to show cause not later than April 10, 2024, why the Complaint herein should not be dismissed
without prejudice pursuant to Fed.R.Civ.P. 4(m) for failure to prosecute.

March 27, 2024.
s/ Michael R. Merz
United States Magistrate Judge

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