Jordan v. Village of Maryville, Illinois et al

Filing 19

MEMORANDUM AND ORDER, The Court DISMISSES Count III with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. The Village of Maryville remains in this case as to Count IV only. Signed by Judge J. Phil Gilbert on 12/5/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARIANA R. JORDAN,
Plaintiff,
v.

Case No. 17-cv-434-JPG-DGW

JUSTIN D. KRAUSZ, JARED MISSEY,
ROBERT CARPENTER and THE VILLAGE
OF MARYVILLE,
Defendants.
MEMORANDUM AND ORDER
On November 20, 2017, the Court dismissed Count III against the defendant Village of
Maryville on the grounds that plaintiff Ariana R. Jordan had not sufficiently alleged a municipal
constitutional violation under Monell v. Department of Social Services, 436 U.S. 658 (1978)
(Doc. 18). The Court dismissed Count III without prejudice and with leave to replead on or
before December 1, 2017. It further warned Jordan that if she failed to amend her pleading in a
timely manner to adequately allege a cause of action, the Court might construe her failure to
amend as an admission that she cannot plead a viable Monell claim and could convert the
dismissal of Count III to with prejudice.
December 1, 2017, has come and gone, and Jordan has not even attempted to replead
Count III. The Court construes this as an admission that she is unable to adequately plead a
viable cause of action against the Village of Maryville under Monell. Accordingly, the Court
DISMISSES Count III with prejudice and DIRECTS the Clerk of Court to enter judgment
accordingly at the close of the case. The Village of Maryville remains in this case as to Count IV
only.
IT IS SO ORDERED.
DATED: December 5, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE