Knecht v. Cincinnati City of et al

Filing 22

ORDER finding as moot 18 Motion to Strike ; finding as moot 20 Motion for Hearing. Signed by Magistrate Judge Stephanie K. Bowman on 7/26/13. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CHRISTOPHER KNECHT,
Plaintiff,

Civil Action No.1:12-cv-763

vs.

Spiegel, J.
Bowman, M.J.

CITY OF CINCINNATI, OHIO, et al.,
Defendants.

ORDER
This matter is now before the Court on Defendants’ motion to strike Plaintiff’s
supplemental response (Doc. 15) to Defendants’ motion to dismiss. (Doc. 18). Also
before the Court is Plaintiff’s motion for hearing on pending motion to address perfection
of service. (Doc. 20). Upon careful review, the undersigned finds that both motions are
MOOT.

Notably, Plaintiff’s supplemental memorandum was filed in response to

Defendants’ initial motion to dismiss. (See Doc. 9). However, in response to Plaintiff’s
amended complaint, Defendants filed a second motion to dismiss subsequent to the
filing of the Plaintiff’s memorandum in question. (Doc. 17). As such, and as outlined in
the undersigned’s recent report and recommendation that Defendants’ motion to
dismiss be granted, the undersigned did not consider Plaintiff’s supplemental
memorandum in its consideration of Defendant’s subsequent motion to dismiss.
Additionally, in the recent Report and Recommendation that Defendant’s motion
to dismiss be granted, the undersigned declined to address Defendant’s arguments

and/or to dismiss Plaintiff’s complaint based upon lack of service. As such, Plaintiff’s
motion for hearing on perfection of service is also moot.
Accordingly, for the reasons outlined above, Defendants’ motion to strike (Doc.
18) and Plaintiff’s motion for hearing on perfection of service (Doc. 20) are herein
DENIED as MOOT.
IT IS SO ORDERED.
s/Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge