O'Meara et al v. Heineman et al

Filing 18

MEMORANDUM AND ORDER - 1) The plaintiffs' motion to amend, (filing no. 17 ), is granted. 2) The plaintiffs' amended complaint, a copy of which is attached to their motion, shall be filed on or before July 27, 2009. 3) The defendants' motion to dismiss, (filing no. 15 ), is denied as moot. Ordered by Judge Richard G. Kopf. (JAB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOAN O'MEARA, guardian for CYNTHIA SUSAN O'MEARA, a protected person, et. al., ) ) ) ) Plaintiffs, ) ) v. ) ) DAVE HEINEMAN, Governor, State ) of Nebraska, et. al, ) ) Defendants. )

8:09CV0157

MEMORANDUM AND ORDER

The defendants have filed a motion to dismiss. In response, the plaintiffs filed a motion for leave to file an amended complaint, (filing no. 17), stating the proposed amended complaint will clarify and correct the plaintiffs' original complaint, and will render the defendants' pending motion to dismiss moot. The defendants do not oppose the plaintiffs' motion to amend. Accordingly, IT IS ORDERED: 1) 2) The plaintiffs' motion to amend, (filing no. 17), is granted. The plaintiffs' amended complaint, a copy of which is attached to their motion, shall be filed on or before July 27, 2009. The defendants' motion to dismiss, (filing no. 15), is denied as moot.

3)

DATED this 20th day of July, 2009. BY THE COURT: Richard G. Kopf United States District Judge