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08-713 - Kern et al vs. City of Gerald, Missouri, et al.


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08-713 - Kern et al vs. City of Gerald, Missouri, et al.
November 4, 2008
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MEMORANDUM AND ORDER. ORDERED that defendants' motion 6 to dismiss is granted only to the extent that all claims against defendant City of Gerald Police Department are dismissed with prejudice. Defendants motion is denied in all other respects. This case will be set for a Rule 16 conference by separate order. FURTHER ORDERED that defendants' motion 9 to strike plaintiffs' prayer for attorney fees is denied without prejudice. FURTHER ORDERED that plaintiffs shall show cause within fourteen days why their claims against defendants Ryan McCrary, Scott Ramsey, Shannon Kestermont, and William Jacob should not be dismissed without prejudice for lack of service under Rule 4(m), Fed.R.Civ.P. Signed by Honorable Catherine D. Perry on 11/4/08. (KLH)