WYATT et al v. APTER et al

Filing 11

ORDER - Defendants Gary M. Apter and Apter Properties, LLC ("Defendants") have filed a 9 Motion to Dismiss Plaintiffs' pro se Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. 9). Defendants allege that federal question jurisdic tion does not exist in the present action and all of Plaintiffs' claims are comprised of Indiana state law claims. Plaintiffs shall have through June 26, 2015 to respond to the Motion. **SEE ORDER** Copies Mailed. Signed by Judge Tanya Walton Pratt on 6/10/2015.(MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CHAUNCEY C. WYATT,
ARLISHER HARVEY,
Plaintiffs,
vs.
GARY M. APTER,
APTER PROPERTIES,
JOHN DOES 1-1000,
Defendants.

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No. 1:15-cv-00450-TWP-DKL

ORDER
Defendants Gary M. Apter and Apter Properties, LLC (“Defendants”) have filed a Motion
to Dismiss Plaintiffs’ pro se Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. 9). Defendants
allege that federal question jurisdiction does not exist in the present action and all of Plaintiffs’
claims are comprised of Indiana state law claims. Plaintiffs shall have through June 26, 2015 to
respond to the Motion.
In conjunction with the foregoing, Plaintiffs should be aware that a failure to timely
respond to Defendant's arguments alone warrants dismissal of the lawsuit. See Thomas v. Urban
P'ship Bank, 2013 WL 1788522, at *13 (N.D.Ill. Apr. 26, 2013) (collecting cases). “When
presented with a motion to dismiss, the non-moving party must proffer some legal basis to support
his cause of action.” County of McHenry v. Ins. Co. of the West, 438 F.3d 813, 818 (7th Cir. 2006).
For that reason, if a plaintiff does not respond, and the court is “given plausible reasons for
dismissing a complaint, [it is] not going to do the plaintiff's research and try to discover whether

there might be something to say against the defendants' reasoning.” Kirksey v. R.J. Reynolds
Tobacco Co., 168 F.3d 1039, 1042 (7th Cir. 1999).
You must file and serve a copy of your response to the Motion to Dismiss by June 26,
2015. If you need more time to respond, you must file a motion with the court asking for more
time before the deadline expires. The court may, but is not required to, give you more time.

Date: 6/10/2015

Distribution:
ARLISHER HARVEY
3335 Decker Ridge Drive
Indianapolis, IN 46268
CHAUNCEY C. WYATT
3335 Decker Ridge Drive
Indianapolis, IN 46268
Joshua Thornton Robertson
COHEN GARELICK & GLAZIER
[e-mail]