LUNDY v. INDIANA UNIVERSITY HEALTH

Filing 10

ORDER - The Amended Complaint (Dkt. 6 ) is STRICKEN. Plaintiff is given until October 6, 2017 to file her Second Amended Complaint. Thereafter, Defendants shall file an Answer or otherwise respond. The Court suggest that Plaintiff use the Comp laint Form (for non-prisoner filers without lawyers) when preparing her Second Amended Complaint. The CLERK shall include a copy of the Complaint Form with this mailing. See order for details. Signed by Judge Tanya Walton Pratt on 9/22/2017. (Copy mailed to Plaintiff) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MARY ANNE E. LUNDY,
Plaintiff,
v.
INDIANA UNIVERSITY HEALTH,
Defendant.

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Case No. 1:17-cv-02781-TWP-TAB

ORDER STRIKING AMENDED COMPLAINT (DKT. 6) AND
INSTRUCTIONS TO PLAINTIFF ON FILING A SECOND AMENDED COMPLAINT
Plaintiff, Mary Anne E. Lundy, pro se, brings this employment action against her former
employer, Indiana University Health, on allegations that she was harassed while she was pregnant
and suffering from severe depression. The Court has previously screened the original complaint
and dismissed all claims against any co-workers because the claims Plaintiff has filed cannot be
brought against individual employees. See Dkt. 4.
On September 12, 2017, Plaintiff filed an Amended Complaint (Dkt. 6), however that
Complaint must be stricken because it does not comply with the federal rules. Plaintiff is given
leave to file a second amended complaint.
The Amended Complaint contains one sentence: “This is a revised statement of story that
I file more detail and dates etc.” Attached to the Amended Complaint is an email communication.
This filing is insufficient because an amended complaint completely replaces the original
complaint. Plaintiff is not allowed to piecemeal or refer to statements contained in the original
complaint.
In filing her second amended complaint, the Plaintiff shall conform to the following
guidelines: (a) the second amended complaint shall comply with the requirement of Rule 8(a)(2)

of the Federal Rules of Civil Procedure that pleadings contain “a short and plain statement of the
claim showing that the pleader is entitled to relief. . . . ,” (b) the amended complaint must identify
what legal injury she claims to have suffered and what persons are responsible for each such legal
injury, and (c) the second amended complaint shall contain a clear statement of the relief which is
sought.
For the reasons stated above, the Amended Complaint (Dkt. 6) is STRICKEN. Plaintiff is
given until October 6, 2017 to file her Second Amended Complaint. Thereafter, Defendants shall
file an Answer or otherwise respond. The Court suggest that Plaintiff use the Complaint Form (for
non-prisoner filers without lawyers) when preparing her Second Amended Complaint.
The CLERK shall include a copy of the Complaint Form with this mailing.
SO ORDERED.
Date: 9/22/2017

DISTRIBUTION:
Mary Anne E. Lundy
4227 Kenneth Avenue, Apt. 1
Indianapolis, Indiana 46226
Laurie E. Martin
HOOVER HULL TURNER LLP
[e-mail]

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