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17-2367 - A.L.L. Construction, LLC v. Metropolitan St. Louis Sewer District et al


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17-2367 - A.L.L. Construction, LLC v. Metropolitan St. Louis Sewer District et al
December 14, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motions to dismiss the complaint (ECF Nos. 10 & 12) are HELD IN ABEYANCE, subject to Plaintiff's filing, no later than 14 days after the date of this Memorandum and Order, an amended complaint alleging additional facts that demonstrate each individual Defendant's personal involvement in or responsibility for the alleged acts of retaliation, as set forth above. ECF Nos. 10 & 12. Plaintiff's failure to comply with this Order may result in the granting of Defendants' motion to dismiss for failure lack of standing and failure to state a claim. IT IS FURTHER ORDERED that, no later than 14 days after Plaintiff files its amended complaint, Defendants shall file either an answer to the amended complaint or a supplemental brief in support of their motions to dismiss explaining why the amended complaint is still subject to dismissal. IT IS FURTHER ORDERED that Defendants' motion to strike is DENIED. ECF No. 8. Signed by District Judge Audrey G. Fleissig on December 14, 2017. (BRP)
April 5, 2018
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions to dismiss the complaint filed by Defendants the Metropolitan St. Louis Sewer District, James Faul, Ruby Bonner, Rev. Ronald Bobo, Michael Yates, and James I. Singer, are GRANTED in part and DENIED in part, as set forth above. ECF Nos. 10 & 12. IT IS FURTHER ORDERED that Defendant Bates Utility Co., Inc.'s motion to dismiss is DENIED. ECF No. 46. IT IS FURTHER ORDERED that the parties shall confer and, no later than April 19, 2018, shall file a joint proposed scheduling plan for the remainder of the litigation, including deadlines for any motions with respect to qualified immunity. Signed by District Judge Audrey G. Fleissig on 4/5/18. (KXS)
June 20, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for additional time to conduct discovery before responding to Defendants' motion for summary judgment is GRANTED. ECF No. 73. IT IS FURTHER ORDERED that the motion for summary judgment filed by Defendants James Faul, Ruby Bonner, Ronald Bobo, Michael Yates, and James I. Singer is DENIED without prejudice. ECF No. 70. IT IS FURTHER ORDERED that the parties shall meet and confer and shall, no later than 7 days from the date of this Memorandum and Order, file a joint proposed schedule for the remainder of the litigation, which provides that Defendants may refile their motion for summary judgment addressing qualified immunity, either incorporating by reference their previously filed statement of facts and memorandum in support thereof or attaching a new supporting statement and memorandum, no earlier than October 22, 2018. As set forth above, Plaintiffs response shall be due no later than 28 days after such a motion is filed; any reply shall be due no later than 14 days thereafter. IT IS FURTHER ORDERED that the joint proposed schedule shall also address all other outstanding deadlines in this case, including a proposed date for referral to Alternative Dispute Resolution, and a proposed trial date. (Joint Scheduling Plan due by 6/27/2018.) Signed by District Judge Audrey G. Fleissig on June 20, 2018. (BRP)