Stafford v. GenExel-Sein, Inc.

Filing 10

Order granting 9 plaintiff's request to withdraw his amended complaint. Plaintiff's original complaint is the operative pleading. Plaintiff has until 3/5/10 to submit proof of service of his complaint on defendant or explain his inability to do so. Signed by Chief Judge Barbara B. Crabb on 2/5/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D O U G L A S C. STAFFORD, ORDER Plaintiff, 0 9 - cv -6 2 1 - b b c v. G E N EX EL -S EIN , INC. d.b.a. KOREA TECHNOLOGY INDUSTRY CO., LTD, D efendan t. --------------------------------------------Plaintiff Douglas C. Stafford filed this civil action on October 9, 2009, against defendant GenExel-Sein, a South Korean corporation. In an October 23, 2009 order, I told plaintiff that if he failed to submit proof of service of his complaint on defendant or explain his inability to do so by January 22, 2010, I would direct him to show cause why his case sh ou ld not be dismissed for lack of prosecution. Plaintiff responded to that order by (1) sayin g that he mailed waiver of service forms to defendant but did not get a reply and (2) su bm ittin g an amended complaint that contained no new allegations but added Korea T ech no logy Industry America, a Utah company that is presumably a subsidiary of GenExelS ein, as a defendant. In a January 14, 2010 order, I asked plaintiff to explain why he added

1

K orea Technology Industry America as a defendant and how he planned on serving both defendants. Now plaintiff has responded, stating that he added Korea Technology Industry Am erica for the sole purpose of serving it as a wholly owned subsidiary of GenExel-Sein pursuant under Fed. R. Civ. P. Rule 4(h)(1)(B) (service may be achieved by delivering copy o f summons and complaint to agent of defendant) and Volkswagenwerk v. Schlunk, 486 U .S. 694 (1988) (service of foreign corporation achieved by serving domestic subsidiary). Plaintiff asks to withdraw his amended complaint so he can serve Korea Technology Industry Am erica with the original complaint, and he seeks an extension of time to show diligence in o btain in g service. I will grant plaintiff's requests. Plaintiff will have until March 5, 2010 to submit proof of service of his complaint on defendant or explain his inability to do so. If plaintiff fails to respond by this date, I will direct him to show cause why his case should n o t be dismissed for lack of prosecution.

OR DER IT IS ORDERED that 1. Plaintiff Douglas C. Stafford's request to withdraw his amended complaint, dkt. # 9, is GRANTED. Plaintiff's original complaint is the operative pleading in this case. 2. Plaintiff's motion for an extension of time to show diligence in obtaining service, dkt. #9, is GRANTED. Plaintiff will have until March 5, 2010 to submit proof of service

2

o f his complaint on defendant or explain his inability to do so. If plaintiff fails to respond by this date, I will direct him to show cause why his case should not be dismissed for lack of prosecution. Entered this 5t h day of February, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

3