Gill v. City of Milwaukee et al

Filing 35

ORDER signed by Judge Rudolph T. Randa on 1/20/2016 DENYING 30 Peterson's Motion to Strike. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
EDDIE GILL,
Plaintiff,
-vs-

Case No. 15-C-587

CITY OF MILWAUKEE, et al.,
Defendants.
DECISION AND ORDER
On November 9, 2015, the Court granted Detective Mark Peterson’s
motion to dismiss the claims brought against him by the plaintiff, Eddie
Gill. On November 30, 2015, Gill filed an amended complaint, which
Peterson moves to strike.
Peterson argues that the Court never granted leave to file an
amended complaint. The Court’s Scheduling Order states that the parties
“may amend pleadings and add parties on or before November 30, 2015.”
The Court’s language could have been more precise, but the intent was to
grant leave to file an amendment on or before that date.
Peterson also argues that Gill is attempting to circumvent the
Court’s Order granting Peterson’s motion to dismiss. To the contrary, Gill
included the dismissed federal claims in his amended complaint to avoid

any argument that such allegations were never brought in the first place.
See Flannery v. Recording Indus. Ass’n of Am., 354 F.3d 632, 638 n.1 (7th
Cir. 2004) (“It is axiomatic that an amended complaint supersedes an
original complaint and renders the original complaint void”). This is a
perfectly appropriate way to ensure that Gill’s rights are preserved on
appeal.
Peterson’s motion to strike [ECF No. 30] is DENIED.
Dated at Milwaukee, Wisconsin, this 20th day of January, 2016.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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