Powers et al v. City of Ferguson et al

Filing 67

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs' motion for extension of time 61 is granted in part and denied in part as set forth above. IT IS FURTHER ORDERED that the parties shall file a joint proposed amended case managemen t order in accordance with this Memorandum and Order by no later than Monday, November 13, 2017. IT IS FURTHER ORDERED that plaintiffs' motion to compel 64 is granted only as follows: defendant City of Ferguson's objections to the requests for admission contained in plaintiffs'motion are overruled, and defendant is ordered to answer the requests within ten (10) days of the date of this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 11/9/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL J. POWERS, et al.,
Plaintiffs,
vs.
CITY OF FERGUSON, et al.,
Defendants.

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Case No. 4:16 CV 1299 RWS

MEMORANDUM AND ORDER
Having carefully considered plaintiffs’ motion to compel and defendant’s
opposition, and for the same reasons stated in Moore v. City of Ferguson, 2016 WL
3141244, at *1 (E.D. Mo. June 6, 2016), the Court will grant the motion as follows:
defendant City of Ferguson’s objections to the requests for admission contained in
plaintiffs’ motion are overruled, and defendant is ordered to answer the requests
within ten (10) days of the date of this Memorandum and Order. As noted by the
Court in Moore, whether the DOJ report and its findings constitute admissible
evidence is not at issue at this time or in this motion and will be decided if necessary
as part of other pretrial matters.
It is also apparent that the parties need to extend discovery deadlines. Plaintiffs
cannot reasonably expect the Court to grant discovery extensions without moving
corresponding deadlines, including the trial date, and so to that extent, plaintiffs’
motion will be denied. I will, however, grant plaintiffs’ request to extend the

discovery cut-off deadline, but I will amend the case management order to extend the
summary judgment and trial dates as well. By Monday, November 13, 2017, the
parties shall file a joint proposed amended case management order which includes
amended deadlines for the completion of discovery, dispositive motions, and a new
trial date. I will then enter an amended case management order. This will permit the
parties to mediate the case as currently scheduled.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for extension of time [61]
is granted in part and denied in part as set forth above.
IT IS FURTHER ORDERED that the parties shall file a joint proposed
amended case management order in accordance with this Memorandum and Order by
no later than Monday, November 13, 2017.
IT IS FURTHER ORDERED that plaintiffs’ motion to compel [64] is
granted only as follows: defendant City of Ferguson’s objections to the requests for
admission contained in plaintiffs’ motion are overruled, and defendant is ordered to
answer the requests within ten (10) days of the date of this Memorandum and Order.

_______________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 9th day of November, 2017.

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