American Federation of State, County, Municipal Employees Local 1733 et al v. City of Memphis

Filing 60

ORDER denying as moot 19 Motion to Dismiss. Signed by Judge Samuel H. Mays, Jr on 03/28/2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

AMERICAN FEDERATION OF STATE,
COUNTY, MUNICIPAL EMPLOYEES
LOCAL 1733, et al.,
Plaintiffs,
v.
CITY OF MEMPHIS,
Defendant.

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No. 11-2577

ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT

In this action under 42 U.S.C. § 1983, Plaintiffs allege
that Defendant City of Memphis (the “City”) has violated their
First

and

Fourteenth

Amendment

rights

injunctive, and declaratory relief.

and

seek

monetary,

(See Compl. for Damages,

Declaratory J., and Injunctive Relief ¶¶ 4-17, 42-55, ECF No.
1.)

(“Compl.”)
On August 8, 2011 the City filed a Motion for Judgment on

the

Pleadings

or,

in

the

Failure to State a Claim.

alternative,

Motion

to

Dismiss

for

(See ECF No. 19) (the “Motion to

Dismiss.”)
On January 26, 2012, Plaintiffs amended their Complaint.
(See ECF No. 50) (the “Amended Complaint.”)
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On March 26, 2012,

Plaintiffs were granted leave to file a Supplemental Amended
Complaint under Rule 15(d).

(See ECF No. 58) (the “Supplemental

Amended Complaint.”)
Because the Complaint has been amended twice, Defendant’s
Motion to Dismiss is DENIED AS MOOT, without prejudice to its
right to renew the arguments in its Motion in response to the
Supplemental Amended Complaint.
So ordered this 28th day of March, 2012.

s/ Samuel H. Mays, Jr._______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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