Fant et al v. Ferguson, Missouri, City of

Filing 159

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants motion for a further stay of proceedings is GRANTED. ECF No. 154 . Except as set forth below, the stay previously entered in this case shall remain in effect until the Court rules on Def endants Corrected Motion to Dismiss (ECF No. 150). IT IS FURTHER ORDERED that Plaintiffs response to Defendants Corrected Motion to Dismiss (ECF No. 150) shall be due no later than December 20, 2017, and any reply shall be due no later than January 8, 2018. IT IS FURTHER ORDERED that, within seven days after the Court rules on Defendants Corrected Motion to Dismiss, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, which addresses the briefing s chedule for Plaintiffs motion for class certification (ECF No. 112); the parties positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other outstanding deadlines in the current Case Management Order.. Signed by District Judge Audrey G. Fleissig on 11/22/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEILEE FANT, et al.,
Plaintiffs,
vs.
THE CITY OF FERGUSON,
Defendant.

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No. 4:15-CV-00253-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant City of Ferguson’s motion (ECF No.
154) for a further stay of proceedings pending a ruling on its corrected motion to dismiss
for lack of subject matter jurisdiction based on sovereign immunity (ECF No. 150).
Plaintiffs oppose the motion.
Upon careful consideration of the arguments and legal authority presented by the
parties, and recognizing “the importance of resolving immunity questions at the earliest
possible stage in litigation,” Pearson v. Callahan, 555 U.S. 223, 232 (2009), the Court will
grant Defendant’s motion. The Court will adopt the agreed briefing schedule for the
motion to dismiss that is set forth in the parties’ most recent joint proposed scheduling plan
(ECF No. 158). But if Plaintiffs desire a more expedited briefing schedule, they may
request one.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion for a further stay of
proceedings is GRANTED. ECF No. 154. Except as set forth below, the stay

previously entered in this case shall remain in effect until the Court rules on Defendant’s
Corrected Motion to Dismiss (ECF No. 150).
IT IS FURTHER ORDERED that Plaintiffs’ response to Defendant’s Corrected
Motion to Dismiss (ECF No. 150) shall be due no later than December 20, 2017, and any
reply shall be due no later than January 8, 2018.
IT IS FURTHER ORDERED that, within seven days after the Court rules on
Defendant’s Corrected Motion to Dismiss, the parties shall submit a joint proposed
scheduling plan for the remainder of this litigation, which addresses the briefing schedule
for Plaintiffs’ motion for class certification (ECF No. 112); the parties’ positions
concerning the referral of this action to mediation and when such a referral would be most
productive; and any other outstanding deadlines in the current Case Management
Order.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of November, 2017.

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