PARKS v. BUSS et al

Filing 26

ORDER denying as moot 21 Motion to Dismiss pltfs complt; the pltf shall have through 12/30/09 to file an amended complt; no deft need file an answer or other responsive pleading to the original complt cm Signed by Judge Sarah Evans Barker on 12/1/2009. (CBU)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TIMOTHY PARKS, Plaintiff, vs. EDWIN BUSS, al., Defendants. ) ) ) ) ) ) ) )

No. 1:09-cv-1174-SEB-TAB

Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The complaint violates the joinder of claims limitation of the Federal Rules of Civil Procedure. In George v. Smith, 507 F.3d 605 (7th Cir. 2007), the Court of Appeals explained that such a nonconforming complaint must be "rejected." "Unrelated claims against different defendants belong in different suits." Id. at 607. Instead, Rule 18 allows joinder of multiple parties only when the allegations against them involve the same conduct or transaction and common questions of fact and law as to all defendants. The violation here consists of the diversity of claims against the multitude of defendants. Accordingly, the complaint is "rejected." 2. The plaintiff shall have through December 30, 2009, in which to file an amended complaint which does not violate Rule 18.

3.

The motion to dismiss or alternatively to strike the plaintiff's complaint filed

by defendants Edwin Buss, Michael Pavese, Jim Wynn, Curtis Mock, Mark Sevier, Randall Gentry, and Steve Christman (dkt 21) is denied as moot. 4. complaint. No defendant need file an answer or other responsive pleading to the original

IT IS SO ORDERED.

_______________________________

Date:

12/01/2009

SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Distribution: Jeffrey P. Hintermeister O'KOON HINTERMEISTER PLLC [e-mail] Eric Powell Overpeck INDIANA ATTORNEY GENERAL [e-mail] Cory Christian Voight INDIANA OFFICE OF THE ATTORNEY GENERAL [e-mail] Seth M. Thomas ICE MILLER LLP [e-mail] Bradley L. Williams ICE MILLER LLP [e-mail] TIMOTHY PARKS 1621 East 32nd Street Anderson, IN 46013