Alice R. Jones v. CitiMortgage, Inc., et al.

Summary

The United States District Court for the Eastern District of Wisconsin reminds the plaintiff that she may file an amended complaint instead of responding to the defendants’ Rule 12(b)(6) motion to dismiss. The court orders the plaintiff to file either an amended complaint or a response by March 31, 2026.

Holdings

1. Federal Rule of Civil Procedure 15(a)(1) permits the plaintiff to file an amended complaint as a matter of course within twenty-one days after service of the responsive pleading, and the plaintiff may use that option to attempt to cure the deficiencies identified in the motion to dismiss.
2. The plaintiff was ordered to file either an amended complaint or a response to the motion to dismiss by March 31, 2026.

Questions Presented

1. Whether the plaintiff may file an amended complaint as a matter of course within twenty-one days after service of a responsive pleading.
2. What procedural action the plaintiff must take by March 31, 2026 in response to the defendants' motion to dismiss.

Disposition

other