Abb et al v. Waupaca County et al

Filing 22

ORDER GRANTING 16 First MOTION to Dismiss William Minks and Jean Minks, signed by Chief Judge William C Griesbach on 02/04/2015. The request that the plaintiffs be directed to file a further Complaint is denied. See Order for full detail. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RICHARD C. ABB, et al.,
Plaintiff,
v.

Case No. 14-C-1195

WAUPACA COUNTY, et al.,
Defendant.

ORDER

Plaintiffs William and Jean Minks have filed a motion to dismiss their claims in the
above action. They seek dismissal without prejudice and without costs. The defendants do not
object to the motion, but request that Plaintiffs be directed to file a further amended complaint
to remove the allegations of damage to the Minks. Defendants also reserve their right to object
to and seek costs for any further amendments seeking to reinstate William or Jean Minks as
plaintiffs in the action.
The motion to dismiss without prejudice and without costs is granted. The request that
the plaintiffs be directed to file a further Complaint is denied. This would only result in
additional costs both to the plaintiffs in preparing such a complaint and to the defendants in
being required to file a new Answer. Since the Minks are no longer parties to the action, it is
difficult to see how Defendants are prejudiced by the previous complaint. Whether evidence of
damage to the Minks would be admissible is a question for trial. Finally, should the Minks seek

to reinstate their claim, the Court can consider any objection and request for costs by defendants
at that time. Accordingly, the Motion to Dismiss the claims of the Minks is hereby granted.
SO ORDERED this

4th

day of February, 2015.

s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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