Brackett et al v. St. Louis Board of Police Commissioners et al

Filing 68

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Decertify Plaintiffs Collective Action under 29 U.S.C. § 216(b) 51 is DENIED without prejudice to refiling at a later date. IT IS FURTHER ORDERED that within seven (7 ) days from the date of this Order, the parties shall submit, either jointly or separately, a proposal for phased discovery on the different job classifications for the opt-in sergeants. IT IS FURTHER ORDERED that Defendants Motion to Strike 66 is GRANTED and Plaintiff's supplemental response filed on June 18, 2013 (Doc. No. 65) is stricken. Signed by District Judge John A. Ross on 6/25/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MICHAEL BRACKETT, et al.,
Plaintiffs,
v.
ST. LOUIS BOARD OF POLICE
COMMISSIONERS, et al.,
Defendants.

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No. 4:12-CV-898-JAR

MEMORANDUM AND ORDER
This matter came before the Court on June 25, 2013 for a hearing on Defendants’ Motion
to Decertify Plaintiffs’ Collective Action under 29 U.S.C. § 216(b). [ECF No. 51] Because the
Court concludes the motion is premature, the motion will be denied without prejudice.
In addition, Defendants move to strike Plaintiffs’ submission of an amicus brief of the
Secretary of Labor dated July 19, 2007 and filed in a district court case in the Southern District of
New York, Mullins v. City of New York and The New York City Police Department, C.A. No. 1:04cv-2979, as a supplemental response to Defendants’ motion to decertify. (Doc. No. 65) Because

Plaintiffs did not seek leave of Court to file supplemental authority, E.D.Mo. L.R. 7–4.01(C),
and because the brief does not address the issues raised in Defendants’ motion to decertify, the
motion to strike will be granted.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion to Decertify Plaintiffs’ Collective
Action under 29 U.S.C. § 216(b) [51] is DENIED without prejudice to refiling at a later date.

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IT IS FURTHER ORDERED that within seven (7) days from the date of this Order, the
parties shall submit, either jointly or separately, a proposal for phased discovery on the different
job classifications for the opt-in sergeants.
IT IS FURTHER ORDERED that Defendants’ Motion to Strike [66] is GRANTED
and Plaintiff’s supplemental response filed on June 18, 2013 (Doc. No. 65) is stricken.
Dated this 25th day of June, 2013.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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