Hayward v. Druco Restaurants

Hayward v. Druco Restaurants

Case Number:	1:2006cv00086
Filed:	June 27, 2006
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
Presiding Judge:	Henry E. Autrey
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	None

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Date Filed	Document Text
November 20, 2006	Filing 16 MEMORANDUM AND ORDER, Case reopened.IT IS HEREBY ORDERED that the October 4, 2006 Memorandum and Order [Doc. #15] is VACATED pursuant to Rule 60 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that defendant Steak N Shake's motio n to dismiss [Doc. #13] is DENIED, without prejudice. IT IS FURTHER ORDERED that the Clerk shall transfer, to the instant action, the complaint [Doc. #1] filed on October 12, 2006, in Hayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.), and docket said complaint asplaintiff's first amended complaint. The Clerk shall retain a copy of the complaint in Hayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.).IT IS FURTHER ORDERED that the first amended complaint relates back unde r Rule 15(c)(3) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall issue service of process or cause process to be issued by serving summons and a copy of the first amended complaint on defendant Druco Restaurants, I nc. d/b/a Steak N Shake Cape Girardeau. IT IS FURTHER ORDERED that defendant Druco Restaurants shall file a responsive pleading to the first amended complaint within twenty(20) after service of process. IT IS FURTHER ORDERED that Steak-N-Shake is D ISMISSED as a party-defendant. IT IS FURTHER ORDERED that the Clerk shall docket this case as Michael Hayward v. Druco Restaurants. IT IS FURTHER ORDERED that, before administratively closingHayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.), the Clerk shallfile a copy of this Order and Memorandum in the case. Signed by Judge Henry E. Autrey on 11/20/06. (CSG, )

Date Filed

Document Text

November 20, 2006

Filing 16 MEMORANDUM AND ORDER, Case reopened.IT IS HEREBY ORDERED that the October 4, 2006 Memorandum and Order [Doc. #15] is VACATED pursuant to Rule 60 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that defendant Steak N Shake's motio n to dismiss [Doc. #13] is DENIED, without prejudice. IT IS FURTHER ORDERED that the Clerk shall transfer, to the instant action, the complaint [Doc. #1] filed on October 12, 2006, in Hayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.), and docket said complaint asplaintiff's first amended complaint. The Clerk shall retain a copy of the complaint in Hayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.).IT IS FURTHER ORDERED that the first amended complaint relates back unde r Rule 15(c)(3) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall issue service of process or cause process to be issued by serving summons and a copy of the first amended complaint on defendant Druco Restaurants, I nc. d/b/a Steak N Shake Cape Girardeau. IT IS FURTHER ORDERED that defendant Druco Restaurants shall file a responsive pleading to the first amended complaint within twenty(20) after service of process. IT IS FURTHER ORDERED that Steak-N-Shake is D ISMISSED as a party-defendant. IT IS FURTHER ORDERED that the Clerk shall docket this case as Michael Hayward v. Druco Restaurants. IT IS FURTHER ORDERED that, before administratively closingHayward v. Druco Restaurants, No. 1:06-CV-148-HEA (E.D. Mo.), the Clerk shallfile a copy of this Order and Memorandum in the case. Signed by Judge Henry E. Autrey on 11/20/06. (CSG, )

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