Follen v. Dream Team Pizza LLC et al
| Missouri Eastern District Court | |
| Judge: | Matthew T Schelp |
| Case #: | 4:24-cv-01101 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Aug 09, 2024 |
| Terminated: | Dec 06, 2024 |
| Last checked: Thursday Feb 06, 2025 5:10 AM CST |
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Defendant
Dream Team Pizza LLC
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Defendant
Jamie Poulsen
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Plaintiff
Richard Follen
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Represented By
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| Docket last updated: 04/24/2025 11:59 PM CDT |
| Friday, December 06, 2024 | ||
| 8 | 8
2
pgs
order
Order of Dismissal (case ) or (Stipulation of Dismissal of case)
Fri 12/06 3:07 PM
ORDER OF DISMISSAL: The Court ordered Plaintiff to "serve Defendants no later than Tuesday, December 03, 2024." Doc. 6 . The Court admonished Plaintiff that the failure to do so would "result in dismissal of this action without prejudice as to any unserved Defendant." Id. (citing Fed. R. Civ. P. 4(m)). Nevertheless, Plaintiff did not serve Defendants. Rather, he filed a Notice of Settlement informing the Court that he had reached a settlement "in principle" with Defendants. This response did not suffice. If Plaintiff reached a settlement with Defendants, even if just "in principle," he easily could have had them waive service. See Fed. R. Civ. P. 4(d); see also 4A C. Wright & A. Miller, Federal Practice and Procedure § 1092.1 (4th ed.) (discussing the "relatively simple process for asking defendants to waive formal service of process"). He did not do so. Therefore, the Court will dismiss this action without prejudice pursuant to Rule 4(m) and the Court's inherent authority. See Fed. R. Civ. P. 4(m) (providing when the Court "must dismiss [an] action" for ignoring the time limit for service); Hutchins v. A.G. Edwards & Sons, Inc., 116 F.3d 1256, 1259 (8th Cir. 1997) ("A district court has the power to dismiss a litigant's cause of action when the litigant fails to comply with the court's orders."); Brent v. Hyundai Motor's Am., 679 F. App'x 976, 977 (11th Cir. 2017) (per curiam) (district courts may sua sponte dismiss a case for a plaintiff's failure to comply with a court order).Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. Signed by District Judge Matthew T. Schelp on 12/06/2024. (ANR) |
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| Tuesday, December 03, 2024 | ||
| 7 | 7
notice
Notice of Settlement
Tue 12/03 5:15 PM
NOTICE of Settlement by All Plaintiffs (Qualls, Colby) |
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| Tuesday, November 12, 2024 | ||
| 6 | 6
order
A Docket Text Order
Tue 11/12 1:26 PM
Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time, Doc.5 , is GRANTED in part. Plaintiff shall serve Defendants no later than Tuesday, December 03, 2024. Failure to do so will result in dismissal of this action without prejudice as to any unserved Defendant. See Fed. R. Civ. P. 4(m). Signed by District Judge Matthew T. Schelp on November 12, 2024. (BRP) |
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| Thursday, November 07, 2024 | ||
| 5 | 5
motion
Extension
Thu 11/07 1:00 PM
MOTION for Extension of Time to Complete Service by Plaintiff Richard Follen.(Qualls, Colby) |
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Att: 1
Text of Proposed Order
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| Tuesday, August 13, 2024 | ||
| 4 | 4
order
CJRA Order
Tue 08/13 9:47 AM
CJRA ORDER (NMG). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings (TLR) |
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| Monday, August 12, 2024 | ||
| 3 | 3
misc
Case Assignment Local Rule 2.08
Mon 08/12 6:22 PM
Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) |
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misc
Case Opening Notification
Mon 08/12 10:10 AM
Case Opening Notification. Judge Assigned: Honorable Patricia L. Cohen. 2 Summons(es) issued and emailed to Colby Qualls. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click[LINK:here] for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible.[LINK:(moed-0001.pdf)] . (JBH) |
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| Friday, August 09, 2024 | ||
| 2 | 2
service
Notice of Process Server
Fri 08/09 4:11 PM
NOTICE OF PROCESS SERVER by Plaintiff Richard Follen Process Server: Proofserve.com (Qualls, Colby) Modified on 8/9/2024 to correct docket text (JBH) |
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| 1 | 1
cmp
Complaint
Fri 08/09 3:49 PM
COMPLAINT against defendant All Defendants with receipt number AMOEDC-10758857, in the amount of $405 Jury Demand,, filed by Richard Follen.(Qualls, Colby) |
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Att: 1
Exhibit 1 - Consent Form,
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Att: 2
Civil Cover Sheet,
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Att: 3
Summons - Dream Team Pizza LLC,
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Att: 4
Summons - Jamie Poulsen,
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Att: 5
Original Filing Form
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