Griffin v. Mac's Convenience Stores, LLC

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

WILLIE J. GRIFFIN, ) ) Plaintiff, ) ) vs. ) Case No. 4:23-cv-00637-MTS ) COUCHE-TARD, INC., et al., ) ) Defendants. )

MEMORANDUM AND ORDER Plaintiff Willie J. Griffin filed a Petition in St. Louis County Circuit Court, the Twenty- First Judicial Circuit of Missouri, against three Defendants: “Couche-Tard Inc.,” “Circle K Gas Station and Car Wash 11011 Bellefontaine Rd. Bellefontaine Neighbors 63137,” and “Mac’s Convenience Stores LLC.” Doc. [11]. Neither “Couche-Tard Inc.” nor “Circle K Gas Station and Car Wash 11011 Bellefontaine Rd. Bellefontaine Neighbors 63137” appears to be an actual entity. The issue here is misnomer—“where the plaintiff has sued a corporation but misnamed

it” and also, it seems, named “a building instead of its corporate owner.” Roberts v. Michaels, 219 F.3d 775, 778 (8th Cir. 2000). Defendants have “the right to be accurately named in the process and pleadings of the court.” Id. (quoting United States v. A.H. Fischer Lumber Co., 162 F.2d 872, 873 (4th Cir. 1947)). Because Plaintiff now seems to know the identity of the defendants against whom he wishes to assert his claims, the Court will grant him fourteen days within which to file a First Amended Complaint. See id. at 778–79. If Plaintiff fails to timely do so, the Court will dismiss this action.1

1 Plaintiff also has failed to file his required Disclosure Statement. See Fed. R. Civ. P. 7.1(a)(2); see also E.D. Mo. L.R. 2.09. The Local Rule required Plaintiff to file his Disclosure Statement on June 09, 2023. E.D. Mo. L.R. 2.09(C)(1). Because Plaintiff already has received two Electronic Notices from the Court Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a First Amended Complaint, consistent with this Memorandum and Order, no later than Friday, July 07, 2023. The failure to timely do so will result in the dismissal of this action. IT IS FURTHER ORDERED that Plaintiff shall file his required Disclosure Statement no later than Friday, July 07, 2023. The failure to timely do so will result in the dismissal of this action. IT IS FINALLY ORDERED that, in light of the forthcoming First Amended Complaint, the pending Motions to Dismiss, Doc. [4] and Doc. [6], are DENIED without prejudice as moot. Dated this 23rd day of June 2023. |) he Lh UNITED STATES DISTRICT JUDGE

regarding the requirement to file a Disclosure Statement, see Docs. [13] and [15], the Court will dismiss this action if Plaintiff fails to file his Disclosure Statement within fourteen days. _2-