Mangold et al v. Lincoln County

Filing 28

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs are granted leave to file a Surreply to Defendants Motion to Dismiss [#27]. IT IS FURTHER ORDERED that Defendants Judge Dan Dildine, Judge Ben Burkemper, Judge Amy Kinker, and Judge David Ash are granted leave to file a Surreply to Plaintiffs Surreply and may file their surreply, if at all, no later than June 22, 2011. Signed by Honorable Rodney W. Sippel on 6/7/11. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LISA MANGOLD, et al.,

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Plaintiffs,
v.
LINCOLN COUNTY, et al.,
Defendants.

Case No. 4:10 CV 1991 RWS

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs filing a Surreply Memorandum in Response
to Defendant Judges’ Reply Memorandum for their Motion to Dismiss [#27]. Memoranda in
addition to a memorandum in support of a motion, a response memorandum, and a reply
memorandum may only be filed with leave of Court. E.D. Mo. L.R. 4.01. In my discretion, I
will consider Plaintiffs’ filing to be a motion for leave to file a surreply and will grant Plaintiffs
leave.
I will also grant Defendants Judge Dan Dildine, Judge Ben Burkemper, Judge Amy
Kinker, and Judge David Ash leave to file a surreply to Plaintiffs’ surreply.
Defendants shall also brief whether their conduct alleged in the Amended Complaint falls
within the “declaratory relief was unavailable” exception to 42 U.S.C. § 1983 general prohibition
on pursuing injunctive relief from a judicial officer. Defendants shall file their surreply, if at all,
no later than June 22, 2011.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs are granted leave to file a Surreply to
Defendants’ Motion to Dismiss [#27].

IT IS FURTHER ORDERED that Defendants Judge Dan Dildine, Judge Ben
Burkemper, Judge Amy Kinker, and Judge David Ash are granted leave to file a Surreply to
Plaintiffs’ Surreply and may file their surreply, if at all, no later than June 22, 2011.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 7th day of June, 2011.