Corbier v. Watson et al

Filing 117

ORDER granting Plaintiff's Motion for Leave to Amend Complaint (Doc. 99 ) and mooting all pending motions to dismiss (Docs. 76 80 85 87 89 91 and 93 ). Signed by Judge Staci M. Yandle on 11/16/2016. (tfs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAWN CORBIER, as Administrator of the
ESTATE OF JOSHUA B. JURCICH,
Plaintiff,
Case No. 16-cv-0257-SMY-SCW
vs.
ST. CLAIR COUNTY SHERIFF RICHARD
WATSON, et al.,
Defendants.
ORDER
This matter comes before the Court on Plaintiff Dawn Corbier’s Motion for Leave to
Amend Complaint (Doc. 99). Plaintiff asserts that continuing investigations have revealed
additional facts that require amendment of the initial Complaint.
Motions to dismiss are likewise pending—the majority of which are filed pursuant to
Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. While the St. Clair County
Defendants do not oppose the current motion, they posit that the proposed amendments do not
cure defects raised in their motion to dismiss (see Doc. 99, p. 2). The Wexford Defendants filed
a response in opposition (Doc. 101) and similarly contend that the proposed amendments do not
cure any of the problems raised in their motions to dismiss.
Federal Rule of Civil Procedure 15(a)(2) directs the Court to freely give leave to amend
when justice so requires. A district court may deny a motion to amend “if the proposed
amendment fails to cure the deficiencies in the original pleading, or could not survive a second
motion to dismiss.” Foster v. DeLuca, 545 F.3d 582, 584 (7th Cir. 2008) quoting Crestview Vill.
Apartments v. United States HUD, 383 F.3d 552, 558 (7th Cir. 2004). Futility, therefore, is a

valid reason to deny leave to amend. Airborne Beepers & Video, Inc. v. AT & T Mobility LLC,
499 F.3d 663, 666 (7th Cir.2007).
Here, solely striking of some allegations and claims from the original Complaint would
not cure deficiencies arising under Fed. R. Civ. P. 12(b)(6). However, it is not yet clear what
impact the additional facts regarding other suicide attempts occurring in the St. Clair County Jail
will have on the Court’s analysis. This action is in its early stages and this motion presents
Plaintiff’s first request to amend. The only disadvantage to Defendants in granting the motion is
that they will have to re-file their motions to dismiss. If Defendants are correct that the
additional facts do not remedy the problems raised in the motions to dismiss, there will be little
time spent in revising and re-filing the motions. Thus, granting the motion will not prejudice
Defendants.
For these reasons, Plaintiff’s Motion for Leave to Amend Complaint is GRANTED and
the pending motions to dismiss at Docs. 76, 80, 85, 87, 89, 91 and 93 are terminated as MOOT.

IT IS SO ORDERED.
DATE: November 16, 2016
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

2