United States of America v. Ameren Missouri

Filing 35

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Strike # 31 is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Leave to File an Amended Complaint # 33 is GRANTED. IT IS FURTHER ORDERED that Defendant's Motions to Dismiss # 12 and # 22 are DENIED as moot. IT IS FINALLY ORDERED that the hearing set for Monday, July 11, 2011 at 10:00a.m. is VACATED. Signed by Honorable Rodney W. Sippel on 6/28/11. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
AMEREN MISSOURI,
Defendant.

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Case No. 4:11 CV 77 RWS

MEMORANDUM AND ORDER
Plaintiff United States of America filed this lawsuit against Defendant Ameren Missouri
at the request of the Administrator of the United States Environmental Protection Agency.
Plaintiff assert various violations of state and federal law arising from Ameren’s alleged
modification of its Rush Island Plant. This matter is before me on Defendant’s Motion to Strike
Notice [#31] and Plaintiff’s Motion for Leave to File an Amended Complaint [#33].
On June 3, 2011, Plaintiff filed a Notice with the Court indicating it may file a motion to
amend its complaint and, due to statutory restrictions of the Clean Air Act, it would be unable to
do so until June 27, 2011. At the time the Notice was filed, a hearing was set on July 11, 2011
on Defendant’s Motions to Dismiss. Defendant filed a Motion to Strike Plaintiff’s Notice [#31].
Defendant argues Plaintiff was not required to wait until June 27, 2011 to file an amended
complaint. Defendant does not indicate under what authority it pursues its Motion. Under Rule
12(f), the court may strike matters from a pleading. Fed. R. Civ. P. 12(f). The Notice Defendant
seeks to strike is not a pleading under Rule 7(a). As a result, I will deny Defendant’s Motion to
Strike.
Plaintiff filed a Motion for Leave to File an Amended Complaint on June 27, 2011. “A

court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). As a result, I
will grant Plaintiff’ Motion.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Strike [#31] is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File an Amended
Complaint [#33] is GRANTED.
IT IS FURTHER ORDERED that Defendant’s Motions to Dismiss [#12 and #22] are
DENIED as moot.
IT IS FINALLY ORDERED that the hearing set for Monday, July 11, 2011 at 10:00
a.m. is VACATED.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 28th day of June, 2011.

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