Rex S. Gunther v. Administrative Committee, Maria Shepherd, and Charles McIntyre

Summary

The United States District Court for the Eastern District of Missouri denied Rex S. Gunther's motion to reopen an action that had been dismissed without prejudice for failure to file an amended complaint in compliance with the Court's orders. The Court construed the filing as a motion under Federal Rule of Civil Procedure 60(b) and found no basis for extraordinary relief. The Court also explained that no defendant had been served, so no responsive pleading deadline had commenced.

Holdings

1. Plaintiff did not establish a basis for extraordinary relief under Rule 60(b), and the motion to reopen was denied.
2. The defendants were not in default because Plaintiff had not requested issuance of summons or waiver, no defendant had been served or otherwise notified of the case, and no responsive-pleading deadline had commenced.

Questions Presented

1. Whether Plaintiff demonstrated grounds under Federal Rule of Civil Procedure 60(b) to reopen the action after its dismissal for failure to comply with court orders.
2. Whether the defendants were subject to a responsive-pleading deadline or were in default before service of summons and the complaint.

Disposition

other