Campbell et al v. Baylard, Billington, Dempsey & Jensen, P.C. et al

Filing 233

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED Plaintiffs motion for leave to file a supplemental pleading (Doc. No. #227 ) is DENIED. IT IS FURTHER ORDERED that, for good cause shown, Defendants motion to allow limited discovery as to phone records (Doc. No. #230 ) is GRANTED. Signed by District Judge John A. Ross on 5/17/18. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVE CAMPBELL, et al.,
Plaintiffs,
vs.
BAYLARD, BILLINGTON, DEMPSEY &
JENSEN, P.C., et al.,
Defendants.

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Case No. 4:17-cv-02390-JAR

MEMORANDUM & ORDER
This matter is before the Court on Plaintiffs’ motion for leave to file a supplemental
pleading (Doc. No. 227) and certain Woodland Lakes Trusteeship Defendants’ motion to allow
limited discovery as to phone records (Doc. No. 230).
In their motion for leave to supplement the third amended complaint, Plaintiffs wish to add
factual background to the complaint. However, the facts and documents they seek to supplement
do not consist of new claims, but rather are evidence in this matter. There is no need to
supplement the third amended complaint with evidence at this stage. Plaintiffs may instead
submit any evidence in support of their claims in connection with a motion for summary judgment
or at trial. See Watson v. Stovall, No. 4:12-CV-04028, 2013 WL 5979674, at *3 (W.D. Ark. Nov.
12, 2013). However, the affidavits and evidence attached to Plaintiff’s’ motion raise a serious
concern of communications taking place between adverse parties. Thus, Defendants’ motion for
leave conduct limited discovery will be granted.
Accordingly,
IT IS HEREBY ORDERED Plaintiffs’ motion for leave to file a supplemental pleading
(Doc. No. 227) is DENIED.
IT IS FURTHER ORDERED that, for good cause shown, Defendants’ motion to allow

limited discovery as to phone records (Doc. No. 230) is GRANTED.
Dated this 17th day of May, 2018.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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