Ross et al v. Helena-West Helena Arkansas, City of et al

Filing 26

ORDER granting 25 defendants' motion to withdraw their second motion to dismiss and denying as moot 23 defendants' second motion to dismiss. The Court will reset the trial date and relevant pretrial deadlines in a separate amended final scheduling order. Signed by Judge Kristine G. Baker on 6/24/2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MARKEE ROSS, et al.
v.

PLAINTIFFS
Case No. 2:17-cv-00031-KGB

CITY OF HELENA-WEST HELENA,
ARKANSAS, et al.

DEFENDANTS
ORDER

Before the Court is a motion to withdraw the motion to dismiss filed by defendants City of
Helena-West Helena (“the City”) and Joshua Cross, individually (Dkt. No. 25). In the motion,
defendants submit that they filed a second motion to dismiss on May 6, 2019, due to the difficulty
experienced to that date of getting plaintiffs Markee Ross and Chadrick Davis’ depositions
scheduled (Id., ¶ 6). Defendants represent that plaintiffs both appeared for and gave depositions
on May 23, 2019 and, as such, plaintiffs have complied with the Court’s October 4, 2018, Order
(Id., ¶¶ 7-8).

Defendants represent that their second motion to dismiss is now moot and

respectfully withdraw the motion (Id., ¶¶ 9-10).

For good cause shown, the Court grants

defendants’ motion to withdraw their second motion to dismiss (Dkt. No. 25). The Court denies
as moot defendants’ second motion to dismiss (Dkt. No. 23). The Court will reset the trial date
and relevant pretrial deadlines in a separate amended final scheduling order.
It is so ordered this 24th day of June, 2019.
_______________________________
Kristine G. Baker
United States District Judge