“With Prejudice”

There may be no sweeter words in the English language. At least no sweeter words for someone who’s spent three years with lawsuits hanging over their head and cleaning out their pocketbook. (We haven’t actually updated this yet with the most recent costs.)

The Plaintiff asks the Court to apply equitable tolling in this case and find that the statute of limitations will not bar his claim. The Court declines to do so. “Courts have generally reserved the remedy of equitable tolling for circumstances which were truly beyond the control of the plaintiff.” Ousley v. Rescare Homecare, No. 4:13-CV-00898-SPM, 2013 WL 5966050(E.D. Mo. Nov. 8, 2013)(citing Hill v. John Chezik Imps., 869 F. 2d 112, 1124 (8th Cir. 1989)). Plaintiff filed the case in Ohio within the Ohio and Missouri statues of limitation. Defendant was aware of potential jurisdictional defects in his case by way of Defendants’ Motion to dismiss for lack of personal jurisdiction on December 1, 2016, well within the Missouri statute of limitations. See (ECF No. 6-8, at 2 Plaintiff’s Motion for Prospective Equitable Tolling). Plaintiff was also aware of the possibility of his claim being time-barred should the Court grant Defendants’ Motion to Dismiss for lack of personal jurisdiction. Id. at 1 (stating “Plaintiff… hereby moves this honorable Court to apply the doctrine of equitable tolling to toll the statute of limitations for one year, in the prospective event this Court might grant Defendant’s motion to dismiss for lack of jurisdiction or for improper venue…”). Plaintiff has not argued that there was any impediment to him complying with the Missouri statute of limitation and has not indicated that anything prevented from filing in Missouri within Missouri’s two-year statute of limitation. Therefore, equitable tolling will not be applied in this case.

That’s one suit done. Two still to go. But one is done. Whew.

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“With Prejudice”
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