Case 4:11-cv-00239-RP -TJS Document 14

Filed 06/30/11 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION * * * * * * * * * * *

MICHAEL P. GIROUARD, Plaintiff, v. PLASMERG, INC., Defendant.

4:11-cv-239 RP-TJS

ORDER

Michael P. Girouard (Plaintiff) filed a complaint on May 24, 2011 (hereinafter the Original Complaint). Clerks No. 1. In the Original Complaint, Plaintiff asserted that this Court had diversity jurisdiction, but failed to properly allege the citizenship of PlasmERG, Inc. (Defendant). On May 25, 2011, the Court ordered Plaintiff to amend its complaint because the allegations of the Original Complaint were not sufficient to confer jurisdiction. See Clerks No. 4. Defendant was served with the Original Complaint that same day. Clerks No. 6. Plaintiff filed a First Amended Complaint on May 26, 2011 (hereinafter the Amended Complaint). Clerks No. 5. On June 17, 2011, Plaintiff filed a Request for Entry of Default on the Original Complaint. Clerks No. 7. The Court denied that motion on June 20, 2011 because the Original Complaint was no longer the operative complaint. See Clerks No. 9 at 2. In denying that motion, the Court also noted that there was no evidence Defendant had actually been served with the Amended Complaint. See id. On June 21, 2011, the Court received a document from John P. Rohner, who described himself as EX CEO, Director & employee of Defendant. Clerks No. 10 at 1. In this

document, Mr. Rohner stated that Plaintiff is now the Majority stockholder, CEO and Board

Case 4:11-cv-00239-RP -TJS Document 14

Filed 06/30/11 Page 2 of 2

member for Defendant and attached documentation suggesting that Plaintiff has been the sole shareholder and director of Defendant since at least June 4, 2011. See id. at 2. On June 30, 2011, Plaintiff returned an executed summons addressed to PlasmERG, Inc., c/o John P. Rohner. Clerks No. 13. Although it is not clear precisely who Plaintiff served, it appears that he served Mr. Rohner on June 24, 2011. See id. This concerns the Court because Mr. Rohner has indicated that he is no longer employed by Defendantindeed, according to Mr. Rohner, he resigned effective June 1, 2011. See Clerks No. 10 at 1, 3. Accordingly, Plaintiff is ordered to file, no later than July 8, 2011, a brief statement indicating whether it was, indeed, Mr. Rohner who was served with the Amended Complaint on June 24, 2011. If so, this statement shall also: (1) indicate whether Mr. Rohner was employed by Defendant as of June 24, 2011; and (2) if Mr. Rohner was not so employed, explain why the Court should consider service upon him as effective service against Defendant. IT IS SO ORDERED. Dated this ___30th___ day of June, 2011.

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