United States District Court, E.D. Missouri, Eastern Division
THOMAS C. GRAY, Plaintiff/ Counterclaim Defendant,
CRST EXPEDITED INC., Defendant/ Crossclaim Defendant/ Cross-Claimant, ALYSSA A. BROWN, Defendant/ Crossclaim Defendant, ALEJANDRO M. MEDINA, Defendant/ Crossclaim Defendant/ Cross-Claimant, JUSTIN W. MADILL, Defendant/ Counterclaimant/ Cross-Claimant/ Crossclaim Defendant, LAS ANIMAS TRANSFER INC., Defendant/ Counterclaimant/ Cross-Claimant/ Crossclaim Defendant.
MEMORANDUM AND ORDER
PATRICIA L. COHEN UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on Plaintiff's motion to
dismiss without prejudice [ECF No. 30], a motion to remand
filed by Defendants Alejandro M. Medina and CRST Expedited
Inc. [ECF No. 41], and on review of the record.
seeks monetary relief from Defendants for personal injuries
he allegedly sustained in a car accident. Plaintiff filed
this lawsuit against four defendants in the Circuit Court of
Warren County on October 18, 2016, Gray v. Medina,
Cause No. 16BB-CC00074. On December 1, 2016, Defendant Las
Animas Transfer, Inc., removed the lawsuit to this Court on
the basis of the Court's diversity jurisdiction.
January 26, 2017, Plaintiff filed a first amended petition
adding a defendant, Alyssa A. Brown, and changing the
identification of one of the four originally-named defendants
from CRST International Inc. to CRST Expedited Inc. A review
of the docket sheet for this case reveals that, as of this
date, Defendant Brown has not been served, filed an entry of
appearance, or responded to the first amended
petition. The Court issued summons for service on
Defendant Brown on February 16, 2017, after Plaintiff
provided notice of process server and a summons for service
on Defendant Brown. The four other Defendants have filed
answers to the first amended petition, as well as several
crossclaims and two counterclaims. Plaintiff has filed his
response to one of the counterclaims. A Rule 16 conference is
scheduled for 10:00 a.m. on March 29, 2017, with the
parties' Joint Scheduling Plan due on March 27, 2017.
Plaintiff filed the pending motion to dismiss the case
without prejudice, and Defendants CRST Expedited Inc. and
Alejandro M. Medina filed the pending motion to remand.
Movants have filed briefs supporting their
motions. Defendants Madill and Las Animas Transfer,
Inc. responded to Plaintiff's motion to dismiss by
stating they consent to Plaintiff's dismissal “on
the condition that if the Court grants Plaintiff's
Motion, . . . the Court also dismiss[es] Defendants'
counterclaims and cross-claims for contribution without
prejudice” (emphasis in original).Neither of the two
Defendants seeking remand filed a response to Plaintiff's
motion to dismiss. No party has filed a response to the
pending motion to remand.
Court previously directed Defendants who were before the
Court to file a response to Plaintiff's motion to dismiss
by March 21, 2017 at noon, and prohibited the filing of a
reply.Absent a Court order, responses to the
pending motion to remand are not due until March 24, 2017,
with any reply due within seven days of the service of any
response. See Local Rules 7-4.01(B) and 7-4.01(C).
the very recent filing of two Defendants' motion to
remand, and the need to obtain the parties' positions on
the pending motions, IT IS HEREBY ORDERED
that, no later than noon on March 24, 2017: (1) Plaintiff and
each Defendant before the Court at that time (other than
Defendants CRST Expedited Inc. and Medina) shall file and
serve on the other parties before the Court a response to the
motion to remand; and (2) Defendants CRST Expedited Inc. and
Medina shall file and serve on the other parties before the
Court a response to Plaintiff's motion to dismiss.
IS FURTHER ORDERED that, if necessary, no later than
5:00 p.m. on March 28, 2017, Plaintiff may file a reply
supporting his motion to dismiss, and Defendants CRST
Expedited Inc. and Medina may file a reply supporting their
motion to remand. Any reply shall be served promptly on the
other parties before the Court at the time the reply is
IS FINALLY ORDERED that, due to the pending motions
and the failure to serve Defendant Brown as of this date,
both the March 29, 2017, conference and the March 27, 2017,
deadline for the parties' filing of a Joint Scheduling
Plan are VACATED.
16 conference and deadline for the filing of the parties'
Joint Scheduling Plan will be re-set, if necessary, after
resolution of the pending motions to dismiss and to remand.
 On February 17, 2017, the Court
entered a show cause order pursuant to Federal Rule of Civil
Procedure 4(m) directing Plaintiff to show cause why the case
should not be dismissed without prejudice for failing timely
to serve Defendants CRST Expedited Inc., Alejandro M. Medina,
and Justin W. Madill. See Order, filed Feb. 17, 2017
[ECF No. 17]. As of this date, those three Defendants have
filed responses to the first amended petition. See
Def. Madill's Answer, Counterclaim, and Crossclaims,
filed Mar. 2, 2017 [ECF No. 29]; Def. CRST Expedited
Inc.'s Answer, filed Mar. 17, 2017 [ECF No. 35]; Def.
Medina's Answer, filed Mar. 17, 2017 [ECF No. 36]; and
crossclaims filed by Defendants CRST Expedited Inc. and
Medina on Mar. 17, 2017 [ECF Nos. 39 and 40].
See n.1 supra.
Additionally, on February 22, 2017, Defendant Las Animas
Transfer Inc. filed its answer to the first amended petition
[ECF No. 18], as well as a counterclaim against Plaintiff
Gray [ECF No. 19], a crossclaim against Defendant Brown [ECF
No. 20], and a ...