Harmon et al v. The City of Racine et al

Filing 27

ORDER signed by Judge J.P. Stadtmueller on 6/13/2018. 25 Plaintiffs' Motion for Leave to File First Amended Complaint is GRANTED; Plaintiffs' First Amended Complaint (Docket #25-1) to be the OPERATIVE pleading in this case. 13 Defendants City of Racine, Chad Stillman, Donald Nuttall, and Robert Thillemann's Motion to Dismiss the Original Complaint is DENIED as moot. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SARA HARMON and JOSEPH
HARMON,
Plaintiffs,
Case No. 18-CV-209-JPS

v.
CITY OF RACINE, SGT. RYAN
COMSTOCK, INV. CHAD STILLMAN,
INV. DONALD NUTTALL, and SGT.
ROBERT THILLEMANN,

ORDER

Defendants.
On June 12, 2018, the plaintiffs filed an unopposed motion for leave
to file a first amended complaint. (Docket #25). They attached as an exhibit
to their motion the proposed first amended complaint. (Docket #25-1). In
light of the defendants’ assent, and because “justice so requires,” Fed. R.
Civ. P. 15(a)(2), the Court will grant the plaintiffs’ motion.
The first amended complaint, (Docket #25-1), shall become the
operative pleading in this case. See Johnson v. Dossey, 515 F.3d 778, 780 (7th
Cir. 2008). The original complaint is withdrawn. Id. Therefore, the motion
filed by defendants City of Racine, Chad Stillman, Donald Nuttall, and
Robert Thillemann to dismiss the original complaint, (Docket #13), will be
denied as moot. See Maffiola v. State Farm Ins. Companies, No. 09-CV-287,
2009 WL 2983059, at *2 (W.D. Wis. Sept. 14, 2009) (Granting a plaintiff’s
motion for leave to amend “moot[s] defendant’s motion to dismiss and

require[s] defendant to file a new motion if it believe[s] the new complaint
remain[s] legally deficient.”).
Accordingly,
IT IS ORDERED that the plaintiffs’ motion for leave to file a first
amended complaint (Docket #25) be and the same is hereby GRANTED;
and
IT IS FURTHER ORDERED that the defendants’ motion to dismiss
(Docket #13) be and the same is hereby DENIED as moot.
Dated at Milwaukee, Wisconsin, this 13th day of June, 2018.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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