Brooks v. The City of St. Louis et al

Filing 198

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Reply to Defendant City of Jennings' Affirmative Defenses (ECF No. 197 ) is STRICKEN. Signed by District Judge Ronnie L. White on 02/09/2022. (KCD)

Case: 4:17-cv-00981-RLW Doc. #: 198 Filed: 02/09/22 Page: 1 of 2 PageID #: 4104
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CECELIA PERRY, et al., on behalf of all
Beneficiaries, pursuant to Section 537.080,
Plaintiff,
v.
CITY OF ST. LOUIS, et al.,
Defendants.

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No. 4:17CV-981 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Reply to Defendant City of Jennings’
Affirmative Defenses (ECF No. 197). Therein, Plaintiffs state that they “deny each and every
allegation set forth in Defendant City of Jennings’ Affirmative Defenses.” Further, “Plaintiffs
pray that Defendant City of Jennings’ Affirmative Defenses listed in its Answer to Plaintiffs’
Second Amended Complaint be denied and dismissed.”
Rule 7(a) provides that only the following pleadings are allowed: (1) a complaint; (2) an
answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer
to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the
court orders one, a reply to an answer. Fed. R. Civ. P. 7(a). The Court has not ordered Plaintiffs to
file a reply to Defendant City of Jennings’ Affirmative Defenses. Therefore, the Court strikes
Plaintiffs’ Reply to Defendant City of Jennings’ Affirmative Defenses (ECF No. 197) because this
pleading is not provided for under the federal rules. In the event that Plaintiffs were seeking other
relief, as indicated by praying that the Court “den[y] and dismiss[]” Defendant City of Jennings’
Affirmative Defenses listed in its Answer to Plaintiffs’ Second Amended Complaint, then
Plaintiffs must refile this document as a motion in compliance with the federal rules, e.g., Fed. R.
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Case: 4:17-cv-00981-RLW Doc. #: 198 Filed: 02/09/22 Page: 2 of 2 PageID #: 4105
Civ. P. 7(b).

Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Reply to Defendant City of Jennings’
Affirmative Defenses (ECF No. 197) is STRICKEN.

Dated this 9th day of February, 2022.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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