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SOUTH EAST ENTERPRISE GROUP, LLC v. GILL, 4:15-cv-25 (CDL). (2016)

Court: District Court, M.D. Georgia Number: infdco20160126e42 Visitors: 3
Filed: Jan. 22, 2016
Latest Update: Jan. 22, 2016
Summary: ORDER CLAY D. LAND , Chief District Judge . Defendant Michael Gill filed a motion to dismiss Plaintiffs' claims against his co-defendant, John Gill, for insufficient service of process. Federal Rule of Civil Procedure 12(b) states that " a party may assert the following defenses by motion: . . . (4) insufficient process; [and] (5) insufficient service of process." Fed. R. Civ. P. 12(b). John Gill did not file a motion to dismiss, and Michael Gill offered no authority to explain why he may
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ORDER

Defendant Michael Gill filed a motion to dismiss Plaintiffs' claims against his co-defendant, John Gill, for insufficient service of process. Federal Rule of Civil Procedure 12(b) states that "a party may assert the following defenses by motion: . . . (4) insufficient process; [and] (5) insufficient service of process." Fed. R. Civ. P. 12(b). John Gill did not file a motion to dismiss, and Michael Gill offered no authority to explain why he may file a motion to dismiss the claims against John Gill under 12(b)(4) or (5). The Court thus denies Michael Gill's motion to dismiss John Gill (ECF No. 86).

IT IS SO ORDERED.

Source:  Leagle

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