Stallings v. Wayne County, Mississippi et al

Filing 15

ORDER denying as moot 4 Motion for Judgment on the Pleadings; denying as moot 6 Motion for Judgment on the Pleadings; denying as moot 8 Motion for Judgment on the Pleadings; granting 13 Motion to Amend. Plaintiffs are required to file their Amended Complaint within fourteen days of the date of this Order. Signed by District Judge Keith Starrett on 5/21/2018 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
CHRIS STALLINGS and
STALLINGS CONSTRUCTION, LLC

PLAINTIFFS

v.

CIVIL ACTION NO. 2:18-CV-66-KS-MTP

WAYNE COUNTY, MISSISSIPPI; et al.

DEFENDANTS

ORDER
This matter is before the Court on the Unopposed Motion For Leave to File Amended
Complaint (“Motion to Amend”) [13] filed by Plaintiffs Chris Stallings and Stallings Construction,
LLC (collectively “Plaintiffs”). Plaintiffs filed suit on April 16, 2017, and intended to amend their
complaint once their state law claims became ripe under the Mississippi Tort Claims Act.
Defendants answered on May 4, 2018, without being served, and filed their Motions for Judgment
on the Pleadings [4][6][8] that same day. Plaintiffs now request that the Court grant them leave to
file their Amended Complaint, which Defendants do not oppose. Defendants have also agreed to
re-file their Motions for Judgment on the Pleadings [4][6][8].
Therefore, the Motion to Amend [13] is hereby granted. Plaintiffs are required to file their
Amended Complaint within fourteen days of the date of this order. The Motions for Judgment
on the Pleadings [4][6][8] are denied as moot.
SO ORDERED AND ADJUDGED, on this, the __21st___ day of May, 2018.

___s/Keith Starrett_________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE