Approved Science, LLC et al v. Pelican Vitamins, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
APPROVED SCIENCE, LLC, et al., )
)
Plaintiffs, )
)
vs. ) Case No. 4:25-cv-01380-MTS
)
PELICAN VITAMINS, LLC, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. The following Defendants
have neither appeared, nor have Plaintiffs filed proof of service upon them: (1) Pelican
Vitamins, LLC; (2) Pharmagetics, LLC; (3) Romeo Health, LLC; (4) John Pelicano; (5)
Gian Scannella; and (6) Defendants “DOES 1 to 10, inclusive.” Pursuant to Federal Rule
of Civil Procedure 4(m), if a defendant is not served within ninety days after the complaint
is filed, the Court “must dismiss the action without prejudice against that defendant” or
“order that service be made within a specified time.” Fed. R. Civ. P. 4(m). Plaintiffs
initiated this action on September 12, 2025, approximately 132 days ago. Doc. [1].
Because it appears that service on the above Defendants has not been completed, the Court
will order the Plaintiffs to serve them within a specified time.
Accordingly,
IT IS HEREBY ORDERED that, no later than Thursday, January 29, 2026,
Plaintiffs must serve Defendant Pelican Vitamins, LLC; Defendant Pharmagetics, LLC;
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Defendant Romeo Health, LLC; Defendant John Pelicano; Defendant Gian Scannella; and
Defendants “DOES 1 to 10, inclusive,” and file proof of such service.
IT IS FURTHER ORDERED that the failure to serve or file proof of service for
any one of the above Defendants by Thursday, January 29, 2026, will result in dismissal
of the action against that Defendant without prejudice and without further notice.
Dated this 22nd day of January 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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