State Farm Plaintiff Can Amend Complaint, or Litigate Motion to Dismiss

U.S. District Judge John Kness for Northern Illinois in Chicago instructed plaintiff Thomas Gebka to consider amending his Telephone Consumer Protection Act complaint against State Farm, now that State Farm has filed a motion to dismiss the case (see 2212050027), said a minute entry Monday (docket 1:22-cv-05546). The court’s standing order on motions to dismiss gives the nonmoving party the right to amend its pleading once within 21 days, said Kness. If Gebka opts to amend his pleading, State Farm will have 21 days to file either an answer or a renewed motion to dismiss, he said. If Gebka instead chooses to litigate the motion to dismiss, he must file his response within 28 days, and State Farm must file its reply within 14 days, he said. In his response, Gebka “must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment,” said the judge.