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)

Download PDF
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. 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?