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WILLOCK v. HICKEY, 1:14-cv-379-JMS-DML. (2014)

Court: District Court, S.D. Indiana Number: infdco20140715876 Visitors: 22
Filed: Jul. 14, 2014
Latest Update: Jul. 14, 2014
Summary: ORDER JANE MAGNUS-STINSON, District Judge. On March 11, 2014, Plaintiffs filed a Complaint against Defendants Lawrence Police Department, Matthew Hickey, and Brandon Raftery. [ Filing No. 1. ] On April 28, 2014, Defendants filed an Answer, [ Filing No. 11 ], and filed a Motion for Partial Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c), [ Filing No. 12 ], alleging that Plaintiffs' individual claims and their Monell claim against Lawrence Police Department should
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ORDER

JANE MAGNUS-STINSON, District Judge.

On March 11, 2014, Plaintiffs filed a Complaint against Defendants Lawrence Police Department, Matthew Hickey, and Brandon Raftery. [Filing No. 1.] On April 28, 2014, Defendants filed an Answer, [Filing No. 11], and filed a Motion for Partial Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c), [Filing No. 12], alleging that Plaintiffs' individual claims and their Monell claim against Lawrence Police Department should be dismissed, [Filing No. 13].

After receiving extensions, Plaintiffs' response to the pending motion was due on July 11, 2014. [Filing No. 22.] On that date, Plaintiffs filed an Amended Complaint that omits their individual claims and any claim against Lawrence Police Department. [Filing No. 22.] Although Rule 15(a)(1)(B) allows a party to amend its pleading once as a matter of course in response to certain Rule 12 motions, a motion filed under Rule 12(c) is not one of them. Thus, "[i]n all other cases, a party may amend its pleadings only with the opposing party's written consent or the court's leave." Fed. R. Civ. Pro. 15(a)(2). There is no indication that Defendants consent to Plaintiffs' amendment. That said, Rule 15(a)(2) also provides that the Court "should freely give leave [to amend] when justice so requires," and the Court concludes that this is such a circumstance since Plaintiffs' Amended Complaint addresses the issues raised by Defendants in their Motion for Judgment on the Pleadings.

For these reasons, the Court directs the Clerk to TERMINATE Defendant Lawrence Police Department as a party to this litigation, UPDATE the caption on the docket consistent with the caption on this entry, and DENY AS MOOT Defendants' Motion for Judgment on the Pleadings, [Filing No. 12]. Plaintiffs' Amended Complaint will be deemed filed AS OF TO-DAY, and Defendants may answer or otherwise respond to that pleading in any appropriate manner contemplated by the Federal Rules of Civil Procedure.

Source:  Leagle

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