Born v. Milwaukee County et al

Filing 25

SCREENING ORDER re 24 Second Amended Complaint signed by Judge J.P. Stadtmueller on 8/7/2018. Plaintiff's Second Amended Complaint to be the operative pleading; Plaintiff PERMITTED to proceed on claims under the Americans with Disabilities Act, the Fair Labor Standards Act, and the Rehabilitation Act. See Order. (cc: all counsel, via mail to Susan M. Born)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SUSAN M. BORN,
Plaintiff,
v.
MILWAUKEE COUNTY,

Case No. 17-CV-1783-JPS-JPS

ORDER

Defendant.
On July 12, 2018, the Court granted Defendant’s motion to dismiss.
(Docket #23). It nevertheless allowed Plaintiff a final opportunity to submit
an amended complaint, which she did on August 2, 2018. (Docket #24). As
noted in the Court’s most recent screening order and in the briefing on the
motion to dismiss, Plaintiff’s allegations in this matter appear to seek relief
based on the Americans with Disabilities Act, 42 U.S.C. § 12112(a), and the
Fair Labor Standards Act, 29 U.S.C. § 207(a). Plaintiff’s second amended
complaint continues to invoke these statutes and is far clearer and more
cogent than her prior pleadings. Additionally, Plaintiff’s second amended
complaint cites the Rehabilitation Act, 29 U.S.C. § 794, as a basis for her
lawsuit. (Docket #24 at 11). In light of the low standards applied in the
Court’s screening duties pursuant to 28 U.S.C. § 1915(e)(2), the Court will
allow Plaintiff to proceed on all of these claims. To the extent there are any
infirmities in these claims, whether procedural or substantive, the Court
leaves it to Defendant to assert them in dispositive motion practice.
The Court will also set a scheduling conference for this matter by
separate notice.

Accordingly,
IT IS ORDERED that Plaintiff’s second amended complaint (Docket
#24) is accepted for filing and that she is allowed to proceed on the
allegations and claims stated therein.
Dated at Milwaukee, Wisconsin, this 7th day of August, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Page 2 of 2