Evans v. St. Louis Carpenters District Council et al

Filing 38

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to file his amended complaint [Doc. #36] is GRANTED. IT IS FURTHER ORDERED that defendants' motions to dismiss [Doc. #12, #18, #23 and #32] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that defendants motion to consolidate case [Doc. #17] is DENIED AS MOOT. Signed by Magistrate Judge Shirley Padmore Mensah on 10/2/17. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TAB QUENTIN EVANS,
Plaintiff,
v.
ST. LOUIS CARP. DIST. CNCL., et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:17-CV-1390 SPM

MEMORANDUM AND ORDER
This matter is before the Court upon the filing of plaintiff’s motion to amend his
complaint. [Doc. #36] Plaintiff’s motion will be granted. In light of granting plaintiff leave to
file his amended complaint, the Court will deny defendants’ motions to dismiss at this time.
By separate Order, the Court will consolidate the present action into Evans v. St. Louis
Carpenters District Council, et al., 4:17-CV-1389 SPM, for remaining pretrial proceedings and
trial. As plaintiff has simultaneously filed his amended complaint in Evans v. St. Louis
Carpenters District Council, et al., 4:17-CV-1389 SPM, the parties may respond to the amended
complaint in the consolidated proceeding, or they may wait for proper service by the United
States Marshal’s Office, as plaintiff is proceeding in forma pauperis in the present action, and as
such, the Court is responsible for service on his behalf.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to file his amended
complaint [Doc. #36] is GRANTED.
IT IS FURTHER ORDERED that defendants’ motions to dismiss [Doc. #12, #18, #23
and #32] are DENIED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that defendant’s motion to consolidate case [Doc. #17] is
DENIED AS MOOT.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 2nd day of October, 2017.

2