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RHEA DRUGSTORE, INC. v. PRODIGY DIABETES CARE, LLC, 4:15-cv-54-DPM. (2015)

Court: District Court, E.D. Arkansas Number: infdco20150225946 Visitors: 5
Filed: Feb. 24, 2015
Latest Update: Feb. 24, 2015
Summary: ORDER D.P. MARSHALL, Jr., District Judge. Yesterday, the Court got the attached letters from counsel. Requests for relief should be made by motion on the docket. Construing the letter from Prodigy's lawyer as a motion to extend, the Court denies the request without prejudice. Prodigy may be in default. No. 4 & 4-1; FED. R. Civ. P. 12(a). But that issue, too, needs fleshing out on a briefed motion. So Ordered. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN
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ORDER

D.P. MARSHALL, Jr., District Judge.

Yesterday, the Court got the attached letters from counsel. Requests for relief should be made by motion on the docket. Construing the letter from Prodigy's lawyer as a motion to extend, the Court denies the request without prejudice. Prodigy may be in default. No. 4 & 4-1; FED. R. Civ. P. 12(a). But that issue, too, needs fleshing out on a briefed motion.

So Ordered.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

RHEA DRUGSTORE, INC., individually and on behalf of all others similarly situated, PLAINTIFF v. CASE NO. 4:15-cv-00054-DPM PRODIGY DIABETES CARE, LLC, DEFENDANT JURY TRIAL DEMANDED

AFFIDAVIT OF SERVICE

STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI )

Before the undersigned notary public, duly qualified and acting in and for this county and state, appeared John C. Williams, to me well known to be the affiant herein, who stated the following under oath:

1. My name is John C. Williams. I am counsel for Plaintiff in this matter.

2. On or about January 23, 2015, copies of the Complaint and Summons herein were sent via certified mail, return receipt requested, to the registered agent for service for the defendant herein.

3. The defendant accepted service of the complaint in this matter on January 27, 2015, as evidenced by the United States Postal Service Domestic Return Receipt, a copy of which is attached hereto as Exhibit 1.

4. The foregoing statements are true and correct to the best of my knowledge, information and belief.

In witness whereof, I hereunto set my hand this 3rd day of February, 2015.

/s/ John C. Williams CARNEY BATES & PULLIAM, PLLC 11311 Arcade Drive, Suite 200 Little Rock, AR 72212 (501) 312-8500 - Telephone (501) 312-8505 - Facsimile jwilliams@cbplaw.com

SUBSCRIBED AND SWORN to before me, a Notary Public duly qualified and acting in the county and state aforesaid, this 3rd day of February, 2015.

________________________________ JEANNE C. GRAY, NOTARY PUBLIC MY COMMISSION EXPIRES: 11-6-2022

EXHIBIT 1

Source:  Leagle

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