United States Securities and Exchange Commission v. ITT Educational Services, Inc., 1:15-cv-00758-JMS-MJD. (2018)
Court: District Court, S.D. Indiana
Number: infdco20180518b84
Visitors: 9
Filed: May 17, 2018
Latest Update: May 17, 2018
Summary: ORDER JANE MAGNUS-STINSON , Chief District Judge . On May 16, 2018, Plaintiff United States Securities and Exchange Commission (" SEC ") filed a Notice of Stipulation of Dismissal of Certain Claims in which it advised that it was dismissing several claims with prejudice against Defendants Kevin Modany and Daniel Fitzpatrick in advance of the July 9, 2018 jury trial scheduled in this matter. [ Filing No. 273. ] The Court acknowledges the Stipulation, but treats it as a Motion to Amend the C
Summary: ORDER JANE MAGNUS-STINSON , Chief District Judge . On May 16, 2018, Plaintiff United States Securities and Exchange Commission (" SEC ") filed a Notice of Stipulation of Dismissal of Certain Claims in which it advised that it was dismissing several claims with prejudice against Defendants Kevin Modany and Daniel Fitzpatrick in advance of the July 9, 2018 jury trial scheduled in this matter. [ Filing No. 273. ] The Court acknowledges the Stipulation, but treats it as a Motion to Amend the Co..
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ORDER
JANE MAGNUS-STINSON, Chief District Judge.
On May 16, 2018, Plaintiff United States Securities and Exchange Commission ("SEC") filed a Notice of Stipulation of Dismissal of Certain Claims in which it advised that it was dismissing several claims with prejudice against Defendants Kevin Modany and Daniel Fitzpatrick in advance of the July 9, 2018 jury trial scheduled in this matter. [Filing No. 273.] The Court acknowledges the Stipulation, but treats it as a Motion to Amend the Complaint pursuant to the Seventh Circuit Court of Appeals' instruction. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (dismissal by plaintiff without a court order under Fed. R. Civ. P. 41(a)(1) is limited to situations where plaintiff is dismissing all claims; dismissal of only certain claims is appropriately accomplished through a motion to amend under Fed. R. Civ. P. 15(a)). The SEC's Notice of Stipulation, treated as a Motion to Amend the Complaint, is GRANTED. [273].
For purposes of clarity moving forward, the SEC is ORDERED to file an Amended Complaint, which includes only the claims that remain pending for the July 9, 2018 trial, by June 8, 2018. This Order does not affect any pretrial deadlines previously set by the Court, which will not be extended except upon a showing of exceptional circumstances. The parties should proceed with pretrial preparation based on the claims that remain pending according to the Notice of Stipulation.
Source: Leagle
