Wade v. Pottawattamie County

Filing 27

ORDER that the Court will provide the parties the opportunity to file simultaneous supplemental briefs to address the pending Rule 12(b)(6) motion (Filing No. 6 ). Any such supplemental briefing shall be filed with the Court on or before June 17, 2024. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KIRSTIE WADE, both individually and on
behalf of her minor children, ABRIANA
CHAVEZ, JAYDEN CHAVEZ and OSCAR
CHAVEZ, JR.,

8:22CV298

Plaintiff,

ORDER

v.
POTTAWATTAMIE COUNTY, a Political
Subdivision of the STATE OF IOWA,
Defendant.
This matter is before the Court on remand from the United States Court of Appeals
for the Eighth Circuit. See Wade v. Pottawattamie County, 100 F.4th 991, 994 (8th Cir.
2024). The Eighth Circuit ruled that this Court erred in granting defendant Pottawattamie
County’s Federal Rule of Civil Procedure 12(b)(2) motion to dismiss for lack of personal
jurisdiction. See Wade, 100 F.4th at 994. The mandate issued on May 28, 2024 (Filing
No. 26).
In light of the Eighth Circuit’s decision, this Court will now consider Pottawattamie
County’s alternative motion to dismiss for failure to state a claim (Filing No. 6). See Fed.
R. Civ. P. 12(b)(6). Though the issues were fully briefed at the time of the Court’s prior
decision, the Court will provide the parties the opportunity to file simultaneous
supplemental briefs to address the pending Rule 12(b)(6) motion. Any such supplemental
briefing shall be filed with the Court on or before June 17, 2024.
IT IS SO ORDERED.

Dated this 4th day of June 2024.
BY THE COURT:

Robert F. Rossiter, Jr.
Chief United States District Judge

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