Opinion
CV. 09-297-MO.
January 12, 2010
ORDER
On December 3, 2009, plaintiff filed a Motion for Summary Judgment (#21). A party submitting a written motion to the court is required to serve the motion "upon each of the parties" to the lawsuit. Fed.R.Civ.P. 5(a). Petitioner's Motion does not include a certificate of service. Based upon the lack of a certificate of service, coupled with the lack of any response from respondent, the court is left to conclude that petitioner failed to serve a copy of his Motion on counsel for respondent. As a result, plaintiff's Motion for Summary Judgment (#21) is DENIED without prejudice.
All pretrial, discovery, and dispositive motions remain due by March 1, 2010.
IT IS SO ORDERED.