Bradley v. Wisconsin Department of Children and Families et al

Filing 11

ORDER signed by Chief Judge Pamela Pepper on 7/7/2020. By 7/27/2020 plaintiff to file either response to defendant's motion to dismiss OR amended complaint. (cc: all counsel, via mail to Eloise Bradley)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ELOISE BRADLEY,
Plaintiff,
Case No. 20-cv-661-pp
v.
WISCONSIN DEPARTMENT OF
CHILDREN AND FAMILIES, et al.,
Defendants.
ORDER REMINDING PLAINTIFF OF OPTION TO FILE AMENDED
COMPLAINT IN LIEU OF RESPONDING TO DEFENDANTS’ MOTION TO
DISMISS (DKT. NO. 9)

On July 6, 2020, the defendants filed a motion to dismiss the complaint
under Federal Rules of Civil Procedure12(b)(1) and (6), along with a brief in
support of their motion. Dkt. Nos. 9, 10. The defendants argue that the
plaintiff’s claim is time-barred by the statute of limitations, that the claim is
barred by claim preclusion and issue preclusion because it is the fourth
lawsuit the plaintiff has filed in federal court arising from the same set of
circumstances, that the court lacks subject matter jurisdiction regarding the
substance of the complaint, that the complaint fails to state a claim and does
not conform to federal pleading requirements under Fed. R. Civ. P. 8, and that
the defendants are entitled to qualified immunity. Dkt. No. 10 at 4-14.
Under Civil Local Rule 7(b), if the plaintiff wishes to oppose the motion
she must do so within twenty-one days—that is by July 27, 2020. The plaintiff

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is free to timely file a response to the motion to dismiss, but the court reminds
the plaintiff that she has another option—she may file an amended complaint
to try to cure the alleged deficiencies. See Runnion ex rel. Runnion v. Girl
Scouts of Greater Chi. and Nw. Ind., 786 F3d 510, 522 (7th Cir. 2015)
(explaining that a responsive amendment may avoid the need to decide the
motion or reduce the number of issues decided). Fed. R. Civ. P. 15(a)(1) allows
the plaintiff to file the amended complaint as a matter of course within twentyone days after service of the responsive pleading.
The court ORDERS that by July 27, 2020 the plaintiff shall file either an
amended complaint or a response to the motion to dismiss.
Dated in Milwaukee, Wisconsin this 7th day of July, 2020.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
Chief United States District Judge

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