Haggerty v. Pacific Sands Inc et al

Filing 15

ORDER signed by Chief Judge Pamela Pepper on 2/5/2024. By 2/23/2024 plaintiff to file either amended complaint or response to defendants' motion to dismiss. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TERRY HAGGERTY,
Plaintiff,
Case No. 23-cv-1532-pp
v.
PACIFIC SANDS, INC., et al.,
Defendants.

ORDER REMINDING PLAINTIFF OF OPTION TO FILE AMENDED
COMPLAINT IN LIEU OF RESPONDING TO DEFENDANTS’ MOTION TO
DISMISS (DKT. NO. 13)

On February 2, 2024, the defendants filed a motion to dismiss the
complaint citing various federal and state rules and statutes, among them
Federal Rules of Civil Procedure12(b)(1) and 12(b)(6). Dkt. No. 13.
Under Civil Local Rule 7(b) (E.D. Wis.), if the plaintiff wishes to oppose
the motion he must do so within twenty-one days—that is by February 23,
2024. The plaintiff is free to timely file a response to the motion to dismiss, but
the court reminds the plaintiff that he has another option—he 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 twenty-one days after service of the responsive pleading.
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The court ORDERS that by February 23, 2024 the plaintiff must file
either an amended complaint or a response to the motion to dismiss.
Dated in Milwaukee, Wisconsin this 5th day of February, 2024.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
Chief United States District Judge

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