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Spinkaa v. E.H.

United States District Court, S.D. Illinois

June 16, 2015

AUBRIE SPINKA, Plaintiff,
v.
E.H., a minor, STEPHEN HAUSER, TARA HAUSER, JESSICA DRAKE, BENJAMIN HOWES, FREEBURG COMMUNITY HIGH SCHOOL DISTRICT NO. 77, O'FALLON TOWNSHIP HIGH SCHOOL DISTRICT NO. 203, Defendants.

ORDER

David R. Herndon, United States District Judge

Now before the Court is defendant O’Fallon Township High School District No. 203’s (hereinafter “District 203”) motion to dismiss for lack of jurisdiction plaintiff's second amended complaint with prejudice (Doc. 77). Thereafter, plaintiff filed a motion to voluntary dismiss District 203 without prejudice (Doc. 81)[1]. No responses were filed to either motion.

In a previous order, this Court granted plaintiff leave to file a second amended complaint as to specific claims that were dismissed, which included the sole claim brought against District 203 (Doc. 74). The order further noted that “failure to file an amended complaint will result in of dismissal of Counts IX, X, XI, XII, and XVI of this action with prejudice and without further notice” (Doc. 74). Plaintiff failed to timely file an amended complaint against District 203. Therefore, based on plaintiffs failure to amend the sole claim against District 203, the dismissal of District 203 is converted to a dismissal with prejudice.

As a result, the Court GRANTS Defendant O’Fallon Township High School District No. 203's motion (Doc. 77) and DISMISSES WITH PREJUDICE O’Fallon Township High School District No. 203. The Clerk of Court is DIRECTED to enter judgment reflecting the same at the close of the case. Furthermore, plaintiffs motion to voluntarily dismiss District 203 is DENIED as moot (Doc. 81).


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