Case Activity (4)

1. Order | Filed: February 28, 2013 | Entered: February 28, 2013 Hoelscher et al v. Huff et al

   Insurance | Missouri Western

   Order on Motion to Quash Order on Motion for Default Judgment Order on Motion to Vacate

   ORDER entered by Judge Nanette Laughrey. In light of the Court's dismissal of Plaintiffs' Complaint, Plaintiffs' Motions for Default Judgment 44 45 46 47 are DENIED as moot. Defendant Markway's Motion to Quash 33 is DENIED as moot. Defendant Haymart's Motion to Vacate 58 is GRANTED. Plaintiffs have failed to respond to Defendant Haymart's Motion. Plaintiffs have not shown that they complied with Rule 4(d)'s service of process requirements or rebutted Defendant's affidavit that he never received service. See Wright & Miller, § 1083 Principles of Construction of Rule 4, 4A Fed. Prac. & Proc. Civ. § 1083 (3d ed.) ("the party on whose behalf service of process is made has the burden of establishing its validity when challenged"). The Court's Order of 12/20/12 is vacated insofar as it required Defendants to bear the costs of service and process. This is a TEXT ONLY ENTRY. No document is attached.(Smith, Fran)

2. Order | Filed: February 05, 2013 | Entered: February 05, 2013 Hoelscher et al v. Huff et al

   Insurance | Missouri Western

   Order on Motion to Dismiss Party

   ORDER by Judge Nanette Laughrey. The Court DENIES Defendants' Motion to Dismiss. Service on Defendants is quashed. Plaintiffs have thirty (30) days to effect service of process or obtain a waiver of service against Defendants in accordance with the Federal and State Rules of Civil Procedure. Should Plaintiffs fail to effect service or obtain a waiver, the case may be dismissed without prejudice. The Court GRANTS Plaintiffs' request to amend their Complaint and gives Plaintiffs ten (10) days to file an Amended Complaint naming the Missouri Department of Insurance, Financial Institutions and Professional Registration as the proper party. 13 (Smith, Fran)

3. 2 additional result(s)