Endicott v. Hurley et al

Filing 113

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the consent motion of plaintiff for leave to file a Fifth Amended Complaint (ECF. No. 111 ) is SUSTAINED. The Clerk is directed to file plaintiff's Fifth Amended Complaint (ECF No. 111-1) as a sep arate document. The Court having granted plaintiff leave to file his Fifth Amended Complaint, pending motions pertaining to the Third Amended Complaint are now moot, see Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002). Therefore, IT IS FURTHER ORDERED that defendants' motions for judgment on the pleadings on the Third Amended Complaint (ECF Nos. 82 , 84 ) are DENIED without prejudice as moot. In light of the filing of Fifth Amended Complaint, IT IS FURTHE R ORDERED that the motion of defendants for an extension of time tofile a dispositive motion (ECF No. 112) is SUSTAINED. All defendants may have until September 16, 2016, to file dispositive motions. Plaintiff may have until September 30, 2016 to f ile a response. Defendants may have until October 7, 2016 to file a reply. IT IS FURTHER ORDERED that the September 7, 2016, hearing date is vacated. IT IS FURTHER ORDERED that a hearing on all then pending motions is set for Tuesday, October 18, 2016, at 9:30 a.m. ( Motion Hearing set for 10/18/2016 09:30 AM in Courtroom 17N before Magistrate Judge David D. Noce., Response to Court due by 9/30/2016.). Signed by Magistrate Judge David D. Noce on 9/1/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

FRANKLIN G. ENDICOTT,
Plaintiff,
v.
JAMES HURLEY, et al.,
Defendants.

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No. 2: 14 CV 107 DDN

MEMORANDUM AND ORDER
IT IS HEREBY ORDERED that the consent motion of plaintiff for leave to file a Fifth
Amended Complaint (ECF. No. 111) is SUSTAINED. The Clerk is directed to file plaintiff's
Fifth Amended Complaint (ECF No. 111-1) as a separate document.
The Court having granted plaintiff leave to file his Fifth Amended Complaint, pending
motions pertaining to the Third Amended Complaint are now moot, see Pure Country, Inc. v.
Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002). Therefore,
IT IS FURTHER ORDERED that defendants’ motions for judgment on the pleadings
on the Third Amended Complaint (ECF Nos. 82, 84) are DENIED without prejudice as moot.
In light of the filing of Fifth Amended Complaint,
IT IS FURTHER ORDERED that the motion of defendants for an extension of time to
file a dispositive motion (ECF No. 112) is SUSTAINED.

All defendants may have until

September 16, 2016, to file dispositive motions. Plaintiff may have until September 30, 2016
to file a response. Defendants may have until October 7, 2016 to file a reply.
IT IS FURTHER ORDERED that the September 7, 2016, hearing date is vacated.
IT IS FURTHER ORDERED that a hearing on all then pending motions is set for
Tuesday, October 18, 2016, at 9:30 a.m.

/s/ David D. Noce
k
UNITED STATES MAGISTRATE JUDGE
Signed on September 1, 2016.