The Estate of Kristina Ann Fiebrink et al v. Armor Correctional Health Service Inc et al

Filing 61

ORDER signed by Judge J.P. Stadtmueller on 10/18/2018 DENYING as moot 20 , 30 , 32 , 42 and 53 Defendants' Dispositive Motions directed at 1 Plaintiffs' Original Complaint. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
THE ESTATE OF KRISTINA ANN
FIEBRINK, by special administrator
Nathaniel Cade, Jr., THE ESTATE OF
ANGELICA M. FIEBRINK, JOSE D.
MARTINEZ, JR., and ROBERT
MARTINEZ,

Case No. 18-CV-832-JPS

Plaintiffs,
v.
ARMOR CORRECTIONAL HEALTH
SERVICES, INC., DR. KAREN
RONQUILLO-HORTON, BROOKE
SHAIKH, VERONICA WALLACE,
BRITENY R. KIRK, EVA CAGE,
BRANDON DECKER, MILWAUKEE
COUNTY, DAVID A. CLARKE, JR.,
RICHARD R. SCHMIDT, LATISHA
AIKENS, BRIAN PIASECKI,
JENNIFER MATTHEWS, LATRAIL
COLE, LATOYA RENFRO,
EVANSTON INSURANCE
COMPANY, WISCONSIN COUNTY
MUTUAL INSURANCE
CORPORATION, NANCY EVANS,
KEVIN NYKLEWICZ, WISCONSIN
HEALTH CARE LIABILITY
INSURANCE PLAN, and JOHN
DOES 1–20,

ORDER

Defendants.

Defendants have filed a number of dispositive motions with respect
to Plaintiffs’ original complaint. (Docket #20, #30, #32, #42, and #53). By

agreement of the parties, (Docket #40 at 2 and #49), Plaintiffs were
permitted to respond to the motions by October 16, 2018. They did so by
filing an amended complaint. (Docket #57). When an amended complaint
is filed, it becomes the controlling pleading and the prior pleading is
withdrawn. Johnson v. Dossey, 515 F.3d 778, 780 (7th Cir. 2008). Thus, all of
the dispositive motions have been rendered moot and will be denied as
such. Should Defendants wish to renew any of these motions, they must be
re-filed and directed at the operative pleading. To the extent the arguments
in the renewed motions will have changed little between the original and
amended complaints, the Court encourages the parties to stipulate to an
expedited briefing schedule so that the motions may be addressed
promptly.
Accordingly,
IT IS ORDERED that Defendants’ various dispositive motions
directed at the original complaint (Docket #20, #30, #32, #42, and #53) be and
the same are hereby DENIED as moot.
Dated at Milwaukee, Wisconsin, this 18th day of October, 2018.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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