Motion to Compel

Case 1:10-cv-00101-RWS Document 22

Filed 11/10/10 Page 1 of 3

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI SOUTHERN DIVISION PETER D. KINDER, MISSOURI LIEUTENANT GOVERNOR, et al., Plaintiffs, v. TIMOTHY F. GEITHNER, SECRETARY OF TREASURY, et al.. Defendants. ) ) ) ) ) ) ) ) ) ) )

Cause No: 1:10-cv-00101-RWS

PLAINTIFFS’ MOTION TO COMPEL DEFENDANT TO ANSWER Pursuant to Federal Rules of Civil Procedure 12 and 15, and in support of their motion to compel Defendants’ answer or other responsive pleading, Plaintiffs state the following: 1. (Dkt. No. 1). 2. The original complaint named Secretary of Treasury, Timothy F. Geithner, This case commenced on July 7, 2010 with the filing of Plaintiffs’ Complaint.

Secretary of Health and Human Services, Kathleen Sebelius, Attorney General, Eric H. Holder, Jr., and Secretary of Labor, Hilda L. Solis as defendants in their official capacity. (See id.) 3. The original complaint was served upon these defendants as required by Federal

Rule of Civil Procedure 4, and the last defendant was served the original complaint on July 21st. (See Affidavit of Mark F. (Thor) Hearne, II, Dkt. No. 21). 4. 5. On August 3rd, Missouri voters passed the Missouri Healthcare Federal Act. On August 18th, Plaintiffs filed their motion for leave to file a first amended

complaint together with their amended complaint (Dkt. Nos. 15-16). This Court granted leave to amend the complaint the following day (Dkt. No. 17).

Case 1:10-cv-00101-RWS Document 22

Filed 11/10/10 Page 2 of 3

6.

Each Defendant was then served this amended complaint, as provided by the

Federal Rule of Civil Procedure 4. (See Affidavit of Mark F. (Thor) Hearne, II, Dkt. No. 21). 7. In addition to each defendant receiving notice of this action by actual service of

both the original and amended complaint, this case has received significant national press coverage and is generally known to those (such as the U.S. Department of...