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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTINE ANN OLSON,
Plaintiff,
vs.
FBI AGENT JAMES EDWARDS, et al.,
Defendants.

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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
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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

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