Olson v. Edwards et al

Filing 72

ORDER, GRANTING 56 MOTION for Leave to File Amended Motion to Dismiss and Memorandum filed by State of Illinois Bureau of Identification. See Order for details and schedule. Signed by Judge Michael J. Reagan on 7/12/2012. (mmr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHRISTINE ANN OLSON, Plaintiff, vs. FBI AGENT JAMES EDWARDS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 11-cv-72-MJR-PMF ORDER REAGAN, District Judge: Defendant Illinois Bureau of Identification is before the Court seeking leave to file an amended motion to dismiss (Doc. 56). Defendant desires to amend typographical errors and add an additional, unspecified defense. Defendant cites Federal Rule of Civil Procedure 15(a)(1)(B), which provides that a party may freely amend its pleading, or a motion filed pursuant to Rule 12(b), within 21 days after serving the pleading or motion. Plaintiff Olson has not objected or otherwise responded to defendant’s motion to amend. Defendant Illinois Bureau of Identification’s Rule 12(b) motion to dismiss (Doc. 47) was filed and served upon Plaintiff on May 25, 2012. Defendant’s motion for leave to amend (Doc. 56) was filed on June 12, 2012, and is therefore timely for purposes of Rule 15(a)(1)(B). The motion (Doc. 56) is therefore GRANTED. Defendant shall file its amended motion to dismiss on or before September 3, 2012 (which is one week after the deadline set for Plaintiff to perfect service). Upon the filing of an amended motion to dismiss, the Clerk of Court shall 1 terminate Defendant Illinois Bureau of Identification’s motion to dismiss (Doc. 47) and Plaintiff Olson’s motion to strike Defendant’s motion to dismiss (Doc. 48), as those two motions will be rendered moot. IT IS SO ORDERED. DATED: July 12, 2012 s/ Michael J. Reagan MICHAEL J. REAGAN UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?