Roeslein & Associates, Inc. et al v. Elgin et al

Filing 120

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Meyer Defendants' Request for Oral Argument on Their Motion to Dismiss the First Amended Complaint (ECF No. 101 ) and M&K's Request for Oral Argument on its Motion to Dismiss the First Ame nded Complaint (ECF No. 113 ) are GRANTED. IT IS FURTHER ORDERED that oral argument is set in this matter for Wednesday, October 3, 2018, in Courtroom 15 South at 10:00 a.m. ( Motion Hearing set for 10/3/2018 10:00 AM in Courtroom 15S before Magistrate Judge John M. Bodenhausen.). Signed by Magistrate Judge John M. Bodenhausen on 9/11/2018. (NEP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ROESLEIN & ASSOCIATES, INC. and
ROESLEIN ALTERNATIVE ENERGY, LLC,
Plaintiffs,
v.
THOMAS ELGIN, ELGIN MEYER
BIOENERGY CO., J.S. MEYER
ENGINEERING, P.C., and M&K CHEMICAL
ENGINEERING CONSULTANTS, INC.,
Defendants.

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No. 4:17 CV 1351 JMB

MEMORANDUM AND ORDER
This matter is before the Court on Defendants Elgin Meyer Bioenergy Co. and J.S. Meyer
Engineering, P.C.’s (“Meyer Defendants”) Request for Oral Argument on Their Motion to
Dismiss the First Amended Complaint (ECF No. 101) and M&K Chemical Engineering
Consultants, Inc.’s (“M&K”) Request for Oral Argument on its Motion to Dismiss the First
Amended Complaint (ECF No. 113). Plaintiffs Roeslein & Associates, Inc. and Roeslein
Alternative Energy, L.L.C. (“Roeslein”) filed an opposition thereto.
A review of the record shows that the parties have submitted new evidence which was
not part of the record at the time of the first hearing. Additionally, M&K was not a party at the
time of the first hearing, and M&K raises issues that were not previously decided by the Court.
In consideration of the parties’ briefs and arguments, the Court finds that oral argument is
warranted in this matter and, therefore, the motions for oral argument will be granted. See E.D.
Mo. L.R. 4.02(A) (“Motions in civil cases shall be submitted and determined upon the

memoranda without oral argument. The Court may in its discretion order oral argument on any
motion.”).
IT IS HEREBY ORDERED that Meyer Defendants’ Request for Oral Argument on
Their Motion to Dismiss the First Amended Complaint (ECF No. 101) and M&K’s Request for
Oral Argument on its Motion to Dismiss the First Amended Complaint (ECF No. 113) are
GRANTED.
IT IS FURTHER ORDERED that oral argument is set in this matter for Wednesday,
October 3, 2018, in Courtroom 15 South at 10:00 a.m.

/s/ John M. Bodenhausen
UNITED STATES MAGISTRATE JUDGE
Dated this 11th day of September, 2018.