Try our Advanced Search for more refined results
Quinn Johnston
-
Notice | Filed: May 16, 2024 | Entered: May 16, 2024 Harris v. Melchor-Hernandez et al
Civil Rights: Other | Illinois Central
Notice Rule 56 entered
RULE 56 NOTICE entered re 38 MOTION for Summary Judgment (JMB)
-
Order | Filed: May 16, 2024 | Entered: May 16, 2024 Harris v. City of Bloomington et al
Civil Rights: Other | Illinois Central
Order ~Util - Set/Reset Deadlines
TEXT ORDER: On 05/13/2024, Defendants filed a responsive pleading titled "Combined Answer and Affirmative Defenses to Plaintiff's Complaint and Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)." (D. 28 ). Defendants' responsive pleading generally denied all allegations of the complaint, other than those specifically admitted, and raised qualified immunity and statute of limitations affirmative defenses. Id. at pp. 23. Defendants further seek dismissal of Claims 2, 5, 8, 9, 23, 24, 26, 27, 34, 36, and 37, pursuant to Fed. R. Civ. P. 12(b)(6). Id. at pp. 49. Fed. R. Civ. P. 12(b) lists defenses that may be made by motion in paragraphs (1)-(7) and concludes by stating that "[a] motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed." (emphasis added). Here, Defendants' 28 responsive pleading concurrently denies all 37 claims, and raises by motion grounds to dismiss 11 of those claims. Furthermore, combining the answer with a motion to dismiss makes it difficult for this Court to manage the docket. A motion to dismiss should be filed under a separate docketing event that is titled "Motion to Dismiss," which will establish a pending motion on the docket and prompt a briefing schedule notifying the plaintiff of their deadline to respond. For these reasons, the Court STRIKES Defendant's 28 Combined Answer and Affirmative Defenses to Plaintiff's Complaint and Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and grants Defendants fourteen (14) days from entry of this Order to separately file a partial answer to any claims not addressed by a motion to dismiss, and address the remaining claims in a separately filed motion to dismiss. See Fed. R. Civ. P. 8 and 12; see also C. D. Ill. L. R. 7.1. Entered by Judge Michael M. Mihm on 05/16/2024. (BL)
-
Motion | Filed: May 16, 2024 | Entered: May 16, 2024 Harris v. Melchor-Hernandez et al
Civil Rights: Other | Illinois Central
Summary Judgment
MOTION for Summary Judgment by Defendants Cody Followell, Hector Melchor-Hernandez, Jared Roth. Responses due by 6/6/2024 (Attachments: # 1 Exhibit 1 - Rakeem Harris Deposition, # 2 Exhibit 2 - City of Bloomington Police Report #202102716 (March 4, 2021, # 3 Exhibit 3 - City of Bloomington Police Report #202115664 (November 30,2021))(Warner, Matthew)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login