Becker v. Poplar Bluff, Missouri, City of

Filing 24

MEMORANDUM AND ORDER re: 9 MOTION to Dismiss Case filed by Defendant Poplar Bluff, Missouri, City of motion is DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 3/4/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

BRIAN BECKER,
Plaintiff,
vs.
CITY OF POPLAR BLUFF, MISSOURI,
et al.,
Defendants.

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Case No. 1:12-cv-190 SNLJ

MEMORANDUM AND ORDER
Plaintiff filed his complaint against the City of Poplar Bluff, Missouri for prospective
relief and damages on November 18, 2012. Plaintiff alleged that defendant’s ordinance
prohibiting the leafleting of vehicles, Ordinances § 605.440(E), was unconstitutional, and that he
had been chilled from engaging in expressive activity protected by the First Amendment after he
was issued a citation for violating the ordinance. Plaintiff also sought a preliminary injunction.
On December 3, 2012, defendant filed a motion to dismiss (#9), reporting that the city
had repealed § 605.440(E) after learning of the lawsuit, and arguing that because the ordinance
had been repealed, there is no controversy, and the complaint should be dismissed.
On December 5, 2012, plaintiff filed his amended complaint, which names the City of
Poplar Bluff and two city employees as defendants and includes five counts. Plaintiff contends
in his response to defendant’s motion (#18) that defendant’s motion is now moot. See Pure
Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002). Defendant has not
replied, and, based on defendant’s motion seeking an extension of time in which to answer the
complaint (#22), it appears that defendant plans to answer the amended complaint. The Court

agrees that defendant’s motion to dismiss, which focuses only on the prospective relief sought by
plaintiff, is now moot.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss (#9) is DENIED as
moot.
Dated this

4th

day of March, 2013.

_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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