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Personal Inj. Med. Malpractice | Illinois Southern
Amended Complaint
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Brown, Nathaniel)
Order on Motion for Judgment on the Pleadings Order on Motion for Leave to File Order on Motion to Dismiss Case for Lack of Jurisdiction
ORDER regarding Plaintiffs' Motion for Leave to File a Second Amended Complaint (Doc. 49). Plaintiffs seek to supplement their allegations concerning Washington University's contacts with Illinois. Given the nature of the proposed amendments and the present posture of the case, the Court finds no undue delay or prejudice warranting denial of leave under Rule 15(a)(2). See Foman v. Davis, 371 U.S. 178, 182 (1962). Without expressing a view on the ultimate sufficiency of Plaintiffs jurisdictional allegations, the Court finds that, in these circumstances, arguments concerning futility are better addressed on a motion directed to the pleading. See, e.g., Chen v. Yellen, No. 20-cv-50458, 2021 WL 5005373, at *34 (N.D. Ill. Oct. 28, 2021). Accordingly, the Motion is GRANTED. Plaintiffs shall separately file the Second Amended Complaint within seven days of this Order, and Defendants shall respond within the time prescribed by Rule 15(a)(3). The Motion to Dismiss (Doc. 15) and Motion for Judgment on the Pleadings (Doc. 44) are DENIED without prejudice as moot. Discovery remains STAYED under Doc. 46 pending further order. The final-pretrial conference on June 10, 2027, and bench trial on June 21, 2027, remain set. Signed by Judge David W. Dugan on 9/14/2026. (klli)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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