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George H. Kalberer v. Star Tribune and Teamsters Local 120

June 1, 2012

GEORGE H. KALBERER, PLAINTIFF,
v.
STAR TRIBUNE AND TEAMSTERS LOCAL 120, DEFENDANTS.



The opinion of the court was delivered by: Richard H. Kyle United States District Judge

ORDER

In this action, Plaintiff George H. Kalberer has sued his former employer (the Star Tribune newspaper) and his union (Teamsters Local 120), asserting that he was discriminated against and ultimately fired on account of his age. Kalberer's application to proceed in forma pauperis was granted by Magistrate Judge Mayeron on April 3, 2012, and he was then provided with forms to enable the United States Marshal's Service to effect service of process.

On May 14, 2012, Kalberer moved for a default judgment against Teamsters Local 120 (Doc. No. 13). The Court denied that request on May 30, 2012, because Kalberer had not filed valid proof that the union had been served with process. (See Doc. No. 16.) The denial was "without prejudice to being renewed upon a proper showing of service of process on Teamsters Local 120." (Id.)

On May 31, 2012, Kalberer once again asked the Court to enter the union's default. (Doc. No. 21.) This time, he asserted that the union was validly served with process "on or about" April 16, 2012. (Id.) In support, he pointed to a Marshal's Service form entitled "Process Receipt and Return," filed in the ...


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