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Custom Blending and Packaging of St. Louis, LLC v. Moser

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 1, 2009

CUSTOM BLENDING AND PACKAGING OF ST. LOUIS, LLC, PLAINTIFF,
v.
STEVEN MOSER, JR., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff Custom Blending and Packaging of St. Louis's motion for costs and fees associated with having to effect personal service of the summons and complaint upon defendants Steven Moser, Jr., and Steven Moser, Sr. (Doc. 53). No response to the subject has been filed.

Federal Rule of Civil Procedure 4(d)(2) does provide for an award of expenses and fees associated with a party's failure to waive service, provided the request for a waiver was done in accordance with Rule 4(d)(1). Plaintiff has failed to submit a copy of the waivers, so the Court cannot properly evaluate the propriety of awarding fees and costs.

IT IS THEREFORE ORDERED that the subject motion (Doc. 53) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20091001

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