Phelps-Roper v. City of St. Joseph, Missouri

Filing 9

ORDER granting 8 Joint MOTION to stay further proceedingsJoint MOTION for preliminary injunction by stipulation filed by City of St. Joseph, Missouri, Shirley L Phelps-Roper Signed by District Judge Gary A. Fenner on 3/30/09. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION SHIRLEY L. PHELPS-ROPER, Plaintiff, vs. CITY OF ST. JOSEPH, MISSOURI, Defendant. ) ) ) ) ) ) ) ) ) Case No. 09-6002-CV-SJ-GAF ORDER Pursuant to the parties Joint Stipulation (Doc. #8), it is ORDERED that Section 20-194 of the Code of Ordinances of the City of St. Joseph is preliminarily enjoined from enforcement pursuant to the authority set forth in Phelps-Roper v. Nixon, 509 F.3d 480, 484 (8th Cir. 2007). In addition, further proceedings in this case are STAYED until further order because the parties "believe that the legal issues raised in this case are substantially the same as those in [pending] Case No. 06-4156-CV-C-FJG, and the facts of both cases are sufficiently analogous that any disposition of one case would be precedent­if not controlling precedent­in the other, or, at least, would simplify resolution of the legal issues presented in this case." IT IS SO ORDERED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: March 30, 2009 1

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