Py v. Beth et al

Filing 17

ORDER signed by Judge J.P. Stadtmueller on 2/22/2017 GRANTING 16 Defendants' Request to Withdraw Motion to Quash Service and Dismiss the Complaint (Docket #8). (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRENDA L. PY,
Plaintiff,
v.

Case No. 16-CV-1643-JPS

DAVID BETH, LT. EDWARD VAN TINE,
LUCIA KONKEN, JESSICA GERRETSEN,
JAMES BEZOTTE, BRANDON SMITH,
TIM HANEY, BILLY CAMERON,
STUART SCHWERDFEGER, STEVEN
REA, ROB PALLAMOLLA, DAWN
SMITH, BARB OBERHART, JUDY
MILLER, DENA WENDLING, KENOSHA
COUNTY, and UNKNOWN sued as
Unknown Jailers and/or Nurses,

ORDER

Defendants.
On December 12, 2016, Defendants removed this action from Kenosha
Count Circuit Court. (Docket #1). On January 9, 2017, several defendants then
identified as “3 Unknown and Unnamed Nurses for the Kenosha County Jail”
moved to quash service of process on them and requested that the complaint
be dismissed as to them for Plaintiff’s failure to effect proper service. (Docket
#8). On February 16, 2017, prior to a ruling on the motion, Plaintiff filed an
amended complaint. (Docket #15). The amended complaint names the
specific nurses who were previously unidentified. Id. ¶ 6. On February 22,
2017, those nurse defendants filed a notice indicating that they plan to waive
service of the amended complaint and that they believe their motion to quash
is moot in light of the amended complaint. (Docket #16). They request to
withdraw the motion, and the Court will grant that request.

Accordingly,
IT IS ORDERED that Defendants’ request to withdraw their motion
to quash service and dismiss the complaint (Docket #16) be and the same is
hereby GRANTED;
IT IS FURTHER ORDERED that Defendants’ motion to quash service
and dismiss the complaint (Docket #8) shall be noted on the docket as having
been withdrawn.
Dated at Milwaukee, Wisconsin, this 22nd day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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