United States of America v. Gerts (Deceased) et al

Filing 17

MEMORANDUM Order: For the reasons stated in the memorandum order, plaintiff's motion for leave to file first amended complaint 14 is granted. Signed by the Honorable Milton I. Shadur on 11/1/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA ON
BEHALF OF ITS AGENCY SECRETARY
OF U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT,
Plaintiff,
v.
WILLIAM P. BUTCHER AS SPECIAL
REPRESENTATIVE FOR IVA G GERTS
(DECEASED) et al.,
Defendants.

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Case No. 16 C 9168

MEMORANDUM ORDER
Counsel for the United States, suing on behalf of the Secretary of Department of
Housing and Urban Development in this mortgage foreclosure action, have noticed up for
presentment on November 9 its Motion for Leave To File Its First Amended Complaint To
Foreclose Mortgage (the “Motion”). But the Motion is needless, for Fed. R. Civ. P. (“Rule”)
15(a)(1)(B) gives a federal-case plaintiff the equivalent of what was sometimes jocularly referred
to in common law days as the “dog bite rule,” under which a dog was allowed one free bite. In
the present context Rule 15 allows a party to “amend its pleading once as a matter of course”
where, as here, no defendant has served a responsive pleading or a Rule 12(b), (e) or (f) motion.
Accordingly the Motion is granted. Counsel for the United States need not appear at the
proposed presentment date.

Date: November 1, 2016

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Milton I. Shadur
Senior United States District Judge