Davidian v. Anderer et al

Filing 19

DECISION AND ORDER signed by Judge Lynn Adelman on 9/25/14 denying as moot 7 Motion to Dismiss for Failure to State a Claim; denying as moot 10 Motion to Dismiss for Failure to State a Claim; denying as moot 13 Motion for More Definite Statement and Motion to Dismiss; granting 18 Motion to Amend/Correct. Further ordering that defendants Flynn, Chavez and Moczynski are dismissed from this case. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

GEOFFREY KEITH DAVIDIAN,
Plaintiff,
v.

Case No. 14-C-0397

CITY OF MILWAUKEE, et al.,
Defendants.

ORDER
On August 1, 2014, I advised the plaintiff that unless he responded to the
defendants’ Rule 12 motions by August 25, 2014, I would grant the motions and dismiss
this case. On August 25, 2014, the plaintiff filed a motion to amend his complaint. The
amended complaint deletes certain defendants but continues to assert claims against the
City of Milwaukee and Joseph Anderer. No defendant opposes the motion to amend.
Therefore, I will grant the motion. Because the amended complaint supercedes the
original complaint, I will deny the defendants’ pending Rule 12 motions without prejudice
on the ground that they are moot. However, because the plaintiff has dropped his claims
against defendants Flynn, Chavez and Moczynski, those defendants will be dismissed.
Accordingly, IT IS ORDERED that plaintiff’s motion to amend his complaint is
GRANTED.
IT IS FURTHER ORDERED that the defendants’ Rule 12 motions (ECF Nos. 7, 10
and 13) are DENIED as MOOT.
FINALLY, IT IS ORDERED that defendants Flynn, Chavez and Moczynski are
dismissed from this case.

Dated at Milwaukee, Wisconsin, this 25th day of September, 2014.
s/ Lynn Adelman
LYNN ADELMAN
District Judge

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