Robert Moy v. City of Milwaukee and Jeffrey Norman
This text of Robert Moy v. City of Milwaukee and Jeffrey Norman (Robert Moy v. City of Milwaukee and Jeffrey Norman) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
ROBERT MOY,
Plaintiff, Case No. 25-cv-1910-pp v.
CITY OF MILWAUKEE and JEFFREY NORMAN,
Defendants.
ORDER REMINDING PLAINTIFF OF OPTION TO FILE AMENDED COMPLAINT IN LIEU OF RESPONDING TO DEFENDANTS’ MOTION TO DISMISS (DKT. NO. 5)
On March 26, 2026, the defendants filed a motion to dismiss the complaint under Federal Rule of Civil Procedure12(b)(6). Dkt. No. 5. The defendants argue that because the plaintiff cannot establish a constitutionally protected property interest in his probationary police officer position, he has not stated a claim upon which relief can be granted. Dkt. No. 6 at 10. Under Civil Local Rule 7(b) (E.D. Wis.), if the plaintiff wishes to oppose the motion he must do so within twenty-one days—that is by April 16, 2026. The plaintiff is free to timely file a response to the motion to dismiss, but the court reminds the plaintiff that he has another option—he/ may file an amended complaint to try to cure the alleged deficiencies. See Runnion ex rel. Runnion v. Girl Scouts of Greater Chi. and Nw. Ind., 786 F3d 510, 522 (7th Cir. 2015) (explaining that a responsive amendment may avoid the need to decide the motion or reduce the number of issues decided). Fed. R. Civ. P. 15(a)(1) allows the plaintiff to file the amended complaint as a matter of course within twenty-one days after service of the responsive pleading. The court ORDERS that by April 16, 2026 the plaintiff shall file either an amended complaint or a response to the motion to dismiss. Dated in Milwaukee, Wisconsin this 27th day of March, 2026. BY THE COURT:
N. PAMELA PEPPER Chief United States District Judge
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Robert Moy v. City of Milwaukee and Jeffrey Norman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-moy-v-city-of-milwaukee-and-jeffrey-norman-wied-2026.