Kennett, City Of v. Environmental Protection Agency

Filing 37

MEMORANDUM AND ORDER re: 31 MOTION for Leave to Complete the Administrative Record and to Produce Expert Reports filed by Plaintiff Kennett, City Of. IT IS HEREBY ORDERED that plaintiff's motion (#31) is held in abeyance. IT IS F URTHER ORDERED that defendant shall have until July 30, 2015 in which to file a complete response to plaintiff's motion. IT IS FINALLY ORDERED that the deadline for the parties' cross motions for summary judgment is STAYED. Response to Court due by 7/30/2015. Signed by District Judge Stephen N. Limbaugh, Jr on 7/2/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

CITY OF KENNETT, MISSOURI,

)
)
Plaintiff,
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vs.
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UNITED STATES ENVIRONMENTAL )
PROTECTION AGENTCY, et al.
)
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Defendants.
)

Case No. 1:14-CV-33-SNLJ

MEMORANDUM and ORDER
This matter is before the Court on plaintiff’s Motion to Complete the
administrative Record and to Produce Expert Reports, filed on June 4, 2015 (#31). The
defendants produced the administrative record in this case on January 30, 2015. The
plaintiff was required to inform the defendant no later than February 27 whether it would
seek to supplement the record and file its motion no later than March 9, 2015. Then
defendants were to have 45 days in which to file a response. Plaintiff contends that the
record was 10,000 pages long, so it was unable to determine that it needed to supplement
the record until after the deadline. The parties’ cross motions for summary judgment are
currently due on July 8, 2015.
Defendant responds that plaintiff’s motion should be denied or defendants should
be permitted 45 days in which to respond to plaintiff’s motion, through July 30, 2015, as
was originally contemplated by the Case Management Order. In which case, the

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summary judgment motion deadline should be stayed. The Court will grant defendants’
request.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion (#31) is held in abeyance.
IT IS FURTHER ORDERED that defendant shall have until July 30, 2015 in
which to file a complete response to plaintiff’s motion.
IT IS FINALLY ORDERED that the deadline for the parties’ cross motions for
summary judgment is STAYED.
Dated this 2nd day of July, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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