Kitchin et al v. Bridgeton Landfill, LLC

Filing 123

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Bridgeton Landfill, LLC, Allied Services, LLC, and Republic Services, Inc.s Motion for Judgment on the Pleadings 94 and accompanying Memorandum in Support 95 are WITHDRAWN.IT IS FURTHER ORDERED that third-party defendant Cotter Corporation, N.S.L., may file an independent Motion for Judgment on the Pleadings within five (5) days of the stay being lifted in this case. No such motion shall be filed while the stay remains in effect. (see full order for details.) Signed by District Judge Catherine D. Perry on 07/26/2022. (KRZ)

Case: 4:18-cv-00672-CDP Doc. #: 123 Filed: 07/26/22 Page: 1 of 2 PageID #: 1492

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN C. KITCHIN, JR., et al.,
on behalf of themselves and all others
similarly situated,

)
)
)
)
Plaintiffs,
)
)
v.
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)
BRIDGETON LANDFILL, LLC,
)
et al.,
)
)
Defendants;
)
_________________________________ )
)
BRIDGETON LANDFILL, LLC,
)
)
Third-Party Plaintiff,
)
)
v.
)
)
COTTER CORPORATION, N.S.L.,
)
)
Third-Party Defendant.
)

No. 4:18 CV 672 CDP

MEMORANDUM AND ORDER
This case is presently stayed pending the United States Supreme Court’s
decision on a petition for writ of certiorari filed in a related action, Banks, et al. v.
Cotter Corp., et al., Case No. 4:20CV1227 JAR (E.D. Mo.); In re Cotter Corp.
(N.S.L.), 22 F.4th 788 (8th Cir. 2022). Defendants Bridgeton Landfill, LLC, Allied
Services, LLC, and Republic Services, Inc., have now provided notice to the Court

Case: 4:18-cv-00672-CDP Doc. #: 123 Filed: 07/26/22 Page: 2 of 2 PageID #: 1493

of their withdrawal of their Motion for Judgment on the Pleadings, which they
filed in this case in April 2022. Third-party defendant Cotter Corporation, N.S.L.,
had joined in that motion. (See ECF 96.) With the defendants’ withdrawal of their
motion, there is now no motion for Cotter Corporation to join. I will give Cotter
Corporation an opportunity to file its own independent motion after the stay in this
action is lifted.
Accordingly,
IT IS HEREBY ORDERED that defendants Bridgeton Landfill, LLC,
Allied Services, LLC, and Republic Services, Inc.’s Motion for Judgment on the
Pleadings [94] and accompanying Memorandum in Support [95] are
WITHDRAWN.
IT IS FURTHER ORDERED that third-party defendant Cotter
Corporation, N.S.L., may file an independent Motion for Judgment on the
Pleadings within five (5) days of the stay being lifted in this case. No such motion
shall be filed while the stay remains in effect.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 26th day of July, 2022.
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