Ahmad et al v. St. Louis, Missouri, City of

Filing 95

MEMORANDUM AND ORDER (See Full Order)IT IS HEREBY ORDERED that the motion to dismiss the claims of Brian Baude without prejudice 91 is granted. IT IS FURTHER ORDERED that the motion to add party 92 is granted, and Pamela Lewczuk is added to the second amended complaint and the docket sheet as a named plaintiff in this case. IT IS FURTHER ORDERED that defendant is reminded that its Answer to the Second Amended Complaint was due some time ago and has not been filed. Signed by District Judge Catherine D. Perry on 10/10/18. (EAB)

Case: 4:17-cv-02455-CDP Doc. #: 95 Filed: 10/10/18 Page: 1 of 2 PageID #: 1241

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MALEEHA AHMAD, et al.,
Plaintiffs,
vs.
CITY OF ST. LOUIS, MISSOURI,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:17 CV 2455 CDP

MEMORANDUM AND ORDER
Plaintiff Brian Baude moves to voluntarily dismiss his claims in this action
so that he may pursue a separate lawsuit seeking damages against defendant arising
out of the same events. Defendant objects, complaining that it will be prejudiced if
Baude is allowed to pursue a claim for damages against it now. After due
consideration of the procedural history of this case, I will grant Baude’s motion for
dismissal. Being subjected to a claim for damages is not the sort of undue
prejudice that should persuade the Court to deny the motion for voluntary
dismissal, particularly as discovery has only just begun in this case due to the
parties’ settlement efforts. Given that Pamela Lewczuk is already a putative
plaintiff in this case, I will also grant the motion to add her as a named plaintiff. I
encourage the parties to continue their settlement efforts in this case.
Accordingly,

Case: 4:17-cv-02455-CDP Doc. #: 95 Filed: 10/10/18 Page: 2 of 2 PageID #: 1242

IT IS HEREBY ORDERED that the motion to dismiss the claims of Brian
Baude without prejudice [91] is granted.
IT IS FURTHER ORDERED that the motion to add party [92] is granted,
and Pamela Lewczuk is added to the second amended complaint and the docket
sheet as a named plaintiff in this case.
IT IS FURTHER ORDERED that defendant is reminded that its Answer
to the Second Amended Complaint was due some time ago and has not been filed.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 10th day of October, 2018.

2