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GPO
May 26 2015
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendant City of Fergusons motion to dismiss, or alternatively to strike or for a more definite statement, is GRANTED in part and DENIED in part. (Doc. No. 8.) The motion is GRANTED as follows: the words "First" and "Eighth" in Paragraph 16 of the complaint are STRICKEN; Count Five is DISMISSED; and Plaintiffs Fourth Amendment claim in Count Six is DISMISSED. Except as set forth above, the motion is DENIED. Signed by District Judge Audrey G. Fleissig on 5/26/2015. (NEB)
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GPO
Jul 13 2015
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration is GRANTED. (Doc. No. 20.) The Memorandum and Order dated May 26, 2015 (Doc. No. 19) is hereby amended as set forth above. Counts Five and Six of Plaintiffs' complaint are hereby reinstated, and the parties shall move forward on all claims in the complaint. Signed by District Judge Audrey G. Fleissig on 7/13/15. (KXS)
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GPO
Nov 15 2016
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss Plaintiffs' first amended complaint is DENIED. (Doc. No. 57.) Signed by District Judge Audrey G. Fleissig on November 15, 2016. (BRP)
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GPO
Nov 18 2016
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion for an order pursuant to Federal Rule of Evidence 502(d) is GRANTED in part, to the extent that the Court will separately enter a Rule 502(d) order. (Doc. No. 75.) IT IS FURTHER ORDERED that the Court shall hold a hearing on Plaintiffs' motion to compel (Doc. No. 73) on Friday, December 2, 2016 at 1:30 p.m., in Courtroom 12S. (Motion Hearing set for 12/2/2016 01:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on November 18, 2016. (BRP)
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GPO
Jun 23 2017
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion for a temporary stay of proceedings is GRANTED. ECF No. 125. These proceedings are STAYED until such time as the Court rules on Plaintiffs motion to disqualify Defendant's counsel. IT IS FURTHER ORDERED that, within seven days after the Court rules on Plaintiffs motion to disqualify Defendants counsel, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, including an appropriate deadline to complete any outstanding depositions of the named Plaintiffs and any necessary amendment to the briefing schedule for Plaintiffs' motion for class certification and the current Case Management Order. Signed by District Judge Audrey G. Fleissig on 6/23/2017. (NEB)
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GPO
Aug 07 2017
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion to disqualify Peter J. Dunne, Robert T. Plunkert, Jessica L. Diamond, and the law firm of Pitzer Snodgrass, P.C., from representing Defendant in this matter is GRANTED. ECF No. 111. IT IS FURTHER ORDERED that the stay currently in place shall continue for another 21 days, to allow Defendant time to obtain new counsel, if it so desires. IT IS FURTHER ORDERED that, within 28 days from the date of this Memorandum and Order, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, including an appropriate deadline to complete any outstanding depositions of the named Plaintiffs and any necessary amendment to the briefing schedule for Plaintiffs' motion for class certification and the current Case Management Order. (Attorney Robert T. Plunkert; Jessica Lynn Diamond and Peter J. Dunne terminated.). Signed by District Judge Audrey G. Fleissig on 8/7/2017. (NEB)
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GPO
Nov 22 2017
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants motion for a further stay of proceedings is GRANTED. ECF No. 154. Except as set forth below, the stay previously entered in this case shall remain in effect until the Court rules on Defendants Corrected Motion to Dismiss (ECF No. 150). IT IS FURTHER ORDERED that Plaintiffs response to Defendants Corrected Motion to Dismiss (ECF No. 150) shall be due no later than December 20, 2017, and any reply shall be due no later than January 8, 2018. IT IS FURTHER ORDERED that, within seven days after the Court rules on Defendants Corrected Motion to Dismiss, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, which addresses the briefing schedule for Plaintiffs motion for class certification (ECF No. 112); the parties positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other outstanding deadlines in the current Case Management Order.. Signed by District Judge Audrey G. Fleissig on 11/22/2017. (NEB)
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GPO
Feb 13 2018
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's corrected motion to dismiss Plaintiffs' first amended complaint, and motion for a hearing, are both DENIED. ECF Nos. 150 & 165. IT IS FURTHER ORDERED that the stay previously entered is lifted, and, no later than seven days from the date of this Memorandum and Order, the parties shall submit a joint proposed scheduling plan for the remainder of this litigation, which addresses the filing deadline and briefing schedule for any motion for class certification; the parties' positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other appropriate deadlines and dates in the current Case Management Order, including a proposed trial date. IT IS FURTHER ORDERED that the current trial setting of April 9, 2018, is VACATED, to be reset as appropriate in accordance with the parties joint proposed scheduling plan. (Joint Scheduling Plan due by 2/20/2018.) Signed by District Judge Audrey G. Fleissig on February 13, 2018. (BRP)
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GPO
Mar 12 2018
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to stay all proceedings pending interlocutory appeal is GRANTED. ECF No. 154. IT IS FURTHER ORDERED that, no later than 14 days after resolution of Defendants interlocutory appeal, the parties shall file a joint proposed scheduling plan for the remainder of this litigation, which addresses the filing deadline and briefing schedule for any motion for class certification; the parties' positions concerning the referral of this action to mediation and when such a referral would be most productive; and any other appropriate deadlines and dates in the current Case Management Order, including a proposed trial date. IT IS FURTHER ORDERED that the case shall be closed, for administrative purposes only, pending a resolution of the interlocutory appeal. Signed by District Judge Audrey G. Fleissig on March 12, 2018. (BRP)
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GPO
Aug 06 2019
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss Counts I through III and V through VII, and motion for a hearing, are both DENIED. ECF Nos. 223 & 226. Signed by District Judge Audrey G. Fleissig on 8/6/2019. (AFC)
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GPO
Sep 05 2019
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel is GRANTED in part and DENIED in part, as set forth above. ECF No. 251. Within 14 days of the date of this Memorandum and Order, Defendant shall produce documents responsive to Plaintiffs' requests with respect to the search terms ghetto and (St. Ann OR St. Louis) /s (book OR arrest OR transfer OR hold). IT IS FURTHER ORDERED that Plaintiffs motion to unseal is GRANTED. ECF No. 263. The Clerk of Court shall unseal ECF Nos. 248, 249, 258 & 262, and all exhibits thereto. Signed by District Judge Audrey G. Fleissig on 9/5/2019. (AFC)
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GPO
Sep 19 2019
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to stay proceedings pending interlocutory appeal is DENIED. ECF No. 268. Signed by District Judge Audrey G. Fleissig on 9/19/2019. (AFC)
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GPO
Jul 23 2021
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs motion to compel is DENIED. ECF No. 387.. Signed by District Judge Audrey G. Fleissig on 7/23/21. (KJS)
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GPO
Jun 09 2022
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for class certification is GRANTED in part, as set forth above, such that the Court will grant certification but will modify certain of the class definitions. ECF No. 425. IT IS FURTHER ORDERED that named Plaintiffs Keilee Fant, Roelif Carter, Allison Nelson, Herbert Nelson, Jr., Alfred Morris, Shameika Morris, Anthony Kimble, Donyale Thomas, and Ronnie Tucker are appointed as Class Representatives to represent the Bearden Class, defined as follows: All persons who have, at any time since February 8, 2010, been kept in jail by the City of Ferguson for failing to pay a fine, fee, bond, surcharge, or cost, without an inquiry into their ability to pay (Count One). IT IS FURTHER ORDERED that named Plaintiffs Roelif Carter, Alfred Morris, and Ronnie Tucker are appointed as Class Representatives to represent the Modified Gerstein Class (a subclass of the Bearden Class), defined as follows: All persons who have, at any time since February 8, 2010, been held in jail by the City of Ferguson after a warrantless arrest with no finding of probable cause by a neutral magistrate for their arrest and continued detention (Count Seven). IT IS FURTHER ORDERED that named Plaintiffs Keilee Fant, Roelif Carter, Allison Nelson, Herbert Nelson, Jr., Alfred Morris, Shameika Morris, Anthony Kimble, and Donyale Thomas are appointed as Class Representatives of the Warrant Class (a subclass of the Bearden Class), defined as follows: All persons who have, at any time since February 8, 2010, been held in jail by the City of Ferguson after being arrested on a warrant issued by the City (Count Three). IT IS FURTHER ORDERED that named Plaintiffs Keilee Fant, Roelif Carter, Allison Nelson, Herbert Nelson, Jr., Alfred Morris, Shameika Morris, and Donyale Thomas are appointed as Class Representatives of the Post-Judgment Class (a subclass of the Bearden Class), defined as follows: All persons who have, at any time since February 8, 2010, been jailed by the City of Ferguson because of their non-payment in connection with a prior judgment (Counts Two, Five, and Six). IT IS FURTHER ORDERED that named Plaintiffs Keilee Fant, Roelif Carter, Allison Nelson, Herbert Nelson, Jr., Alfred Morris, Shameika Morris, Anthony Kimble, Donyale Thomas, and Ronnie Tucker are appointed as Class Representatives of the Jail Conditions Class, defined as follows: All persons who, at any time since February 8, 2010, were held in the City of Ferguson jail (Count Four). IT IS FURTHER ORDERED that named Plaintiffs Keilee Fant, Roelif Carter, Alfred Morris, Shameika Morris, and Donyale Thomas are appointed as Class Representatives to represent the Modified Declaratory and Injunctive Class, defined as follows: All persons who currently owe or who will incur debts to the City of Ferguson from fines, fees, costs, or surcharges arising from judgments in cases prosecuted by the City (Counts One, Two, Three, Four, Five, Six, and Seven). IT IS FURTHER ORDERED that John Waldron and Blake Strode of ArchCity Defenders, Inc., 440 N. 4th Street, Suite 390, St. Louis, Missouri 63102; Angela Daker, J. Frank Hogue, Claire Leonard, Shannon Lane, and Hafsa S. Mansoor of White & Case LLP, 200 South Biscayne Boulevard, Suite 4900 Miami, FL 33131; Marco Lopez and Ryan Downer of Civil Rights Corps, 1601 Connecticut Avenue NW, Suite 800 Washington, DC 20009; and Brendan Roediger and John Ammann of SLU Law Clinic, 100 N. Tucker Blvd. Saint Louis, MO 63101-1930, are appointed as Class Counsel. IT IS FURTHER ORDERED that the parties shall promptly meet and confer and shall file, within 14 days of the date of this Memorandum and Order, a joint proposed schedule for the remainder of the litigation, including prompt proposed deadlines and procedures with regard to the following: [see full order for details]. Signed by District Judge Audrey G. Fleissig on 6/9/2022. (JMP)
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GPO
Sep 27 2022
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's motion to disqualify and exclude the report and testimony of Stephen Demuth is GRANTED in part and DENIED in part, as set forth above. ECF No. 438. Demuths report and testimony will be excluded only to the extent that they relate to the race of arrestees. IT IS FURTHER ORDERED that Defendant's motion to disqualify and exclude the report and testimony of Eldon Vail is DENIED. ECF No. 440. IT IS FURTHER ORDERED that Defendant's motion to disqualify and exclude the report and testimony of Colin Gordon, Ph.D., is GRANTED in part and DENIED in part, as set forth above. ECF No. 442. Gordons report and testimony will be excluded except to the extent that they provide fact-based historical context regarding the Citys alleged fiscal crisis, subject to reconsideration if drawing this distinction proves to be impracticable. IT IS FURTHER ORDERED that Defendant's motion to disqualify and exclude the report and testimony of Dr. Justin Marlowe, is GRANTED in part and DENIED in part. ECF No. 450. Marlowes report and testimony will be excluded only to the extent that they extend beyond fact-based testimony in order to opine whether the Citys fiscal policies actually motivated its municipal court practices, subject to reconsideration if drawing this distinction proves to be impracticable. IT IS FURTHER ORDERED that Plaintiff's motion to disqualify and exclude the testimony of Douglas Beach is GRANTED in part and DENIED in part, as set forth above. ECF No. 494. Beachs report and testimony will be excluded except to the extent that they provide fact-based historical context as to the overall structure of the Missouri municipal court system, the entity or entities with general administrative authority over that court system, and the changes to the Ferguson Municipal Court practices over time, subject to reconsideration if these topics become irrelevant due to pretrial rulings. IT IS FURTHER ORDERED that Plaintiffs motion to disqualify and exclude the testimony of Tony Wilkes is DENIED. ECF No. 496. (see full order for details.) Signed by District Judge Audrey G. Fleissig on 9/27/2022. (JMP)
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GPO
Dec 05 2022
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs motion for reconsideration is DENIED. ECF No. 544. Signed by District Judge Audrey G. Fleissig on 12/5/2022. (JMP)
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