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15-253 - Fant et al v. Ferguson, Missouri, City of


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15-253 - Fant et al v. Ferguson, Missouri, City of
May 26, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendant City of Fergusons motion to dismiss, or alternatively to strike or for a more definite statement, is GRANTED in part and DENIED in part. (Doc. No. 8.) The motion is GRANTED as follows: the words "First" and "Eighth" in Paragraph 16 of the complaint are STRICKEN; Count Five is DISMISSED; and Plaintiffs Fourth Amendment claim in Count Six is DISMISSED. Except as set forth above, the motion is DENIED. Signed by District Judge Audrey G. Fleissig on 5/26/2015. (NEB)
July 13, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration is GRANTED. (Doc. No. 20.) The Memorandum and Order dated May 26, 2015 (Doc. No. 19) is hereby amended as set forth above. Counts Five and Six of Plaintiffs' complaint are hereby reinstated, and the parties shall move forward on all claims in the complaint. Signed by District Judge Audrey G. Fleissig on 7/13/15. (KXS)
November 15, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss Plaintiffs' first amended complaint is DENIED. (Doc. No. 57.) Signed by District Judge Audrey G. Fleissig on November 15, 2016. (BRP)
November 18, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion for an order pursuant to Federal Rule of Evidence 502(d) is GRANTED in part, to the extent that the Court will separately enter a Rule 502(d) order. (Doc. No. 75.) IT IS FURTHER ORDERED that the Court shall hold a hearing on Plaintiffs' motion to compel (Doc. No. 73) on Friday, December 2, 2016 at 1:30 p.m., in Courtroom 12S. (Motion Hearing set for 12/2/2016 01:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on November 18, 2016. (BRP)
June 23, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion for a temporary stay of proceedings is GRANTED. ECF No. 125. These proceedings are STAYED until such time as the Court rules on Plaintiffs motion to disqualify Defendant's counsel. IT IS FURTHER ORDERED that, within seven days after the Court rules on Plaintiffs motion to disqualify Defendants counsel, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, including an appropriate deadline to complete any outstanding depositions of the named Plaintiffs and any necessary amendment to the briefing schedule for Plaintiffs' motion for class certification and the current Case Management Order. Signed by District Judge Audrey G. Fleissig on 6/23/2017. (NEB)
August 7, 2017
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion to disqualify Peter J. Dunne, Robert T. Plunkert, Jessica L. Diamond, and the law firm of Pitzer Snodgrass, P.C., from representing Defendant in this matter is GRANTED. ECF No. 111. IT IS FURTHER ORDERED that the stay currently in place shall continue for another 21 days, to allow Defendant time to obtain new counsel, if it so desires. IT IS FURTHER ORDERED that, within 28 days from the date of this Memorandum and Order, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, including an appropriate deadline to complete any outstanding depositions of the named Plaintiffs and any necessary amendment to the briefing schedule for Plaintiffs' motion for class certification and the current Case Management Order. (Attorney Robert T. Plunkert; Jessica Lynn Diamond and Peter J. Dunne terminated.). Signed by District Judge Audrey G. Fleissig on 8/7/2017. (NEB)
November 22, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants motion for a further stay of proceedings is GRANTED. ECF No. 154. Except as set forth below, the stay previously entered in this case shall remain in effect until the Court rules on Defendants Corrected Motion to Dismiss (ECF No. 150). IT IS FURTHER ORDERED that Plaintiffs response to Defendants Corrected Motion to Dismiss (ECF No. 150) shall be due no later than December 20, 2017, and any reply shall be due no later than January 8, 2018. IT IS FURTHER ORDERED that, within seven days after the Court rules on Defendants Corrected Motion to Dismiss, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, which addresses the briefing schedule for Plaintiffs motion for class certification (ECF No. 112); the parties positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other outstanding deadlines in the current Case Management Order.. Signed by District Judge Audrey G. Fleissig on 11/22/2017. (NEB)
February 13, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's corrected motion to dismiss Plaintiffs' first amended complaint, and motion for a hearing, are both DENIED. ECF Nos. 150 & 165. IT IS FURTHER ORDERED that the stay previously entered is lifted, and, no later than seven days from the date of this Memorandum and Order, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, which addresses the filing deadline and briefing schedule for any motion for class certification; the parties' positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other appropriate deadlines and dates in the current Case Management Order, including a proposed trial date. IT IS FURTHER ORDERED that the current trial setting of April 9, 2018, is VACATED, to be reset as appropriate in accordance with the parties joint proposed scheduling plan. (Joint Scheduling Plan due by 2/20/2018.) Signed by District Judge Audrey G. Fleissig on February 13, 2018. (BRP)
March 12, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to stay all proceedings pending interlocutory appeal is GRANTED. ECF No. 154. IT IS FURTHER ORDERED that, no later than 14 days after resolution of Defendants interlocutory appeal, the parties shall file a joint proposed scheduling plan for the remainder of this litigation, which addresses the filing deadline and briefing schedule for any motion for class certification; the parties' positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other appropriate deadlines and dates in the current Case Management Order, including a proposed trial date. IT IS FURTHER ORDERED that the case shall be closed, for administrative purposes only, pending a resolution of the interlocutory appeal. Signed by District Judge Audrey G. Fleissig on March 12, 2018. (BRP)