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Bat v. Deppisch

United States District Court, E.D. Wisconsin

June 3, 2019

BAT, Plaintiff,
v.
JEREMY DEPPISCH, SUSAN MOORE, ABC TRAINING OFFICER, ABC TRAINING SUPERVISING OFFICER, and JAMIE GLEISNER, Defendants.

          ORDER

          NANCY JOSEPH UNITED STATES MAGISTRATE JUDGE.

         Before the court is plaintiff BAT's motion to dismiss defendant Jeremy Deppisch's counterclaim (ECF No. 13) and defendants Jamie Gleisner and Susan Moore's motion to dismiss Deppisch's Crossclaim (ECF No. 14). The time for Deppisch to respond to either motion has passed, and he has failed to do so. Therefore, the motions are now ripe for the court's disposition. For the following reasons, the motions will be granted.

         1. Procedural Background

         On January 15, 2019, BAT filed her complaint alleging that the defendants violated her constitutional rights and various state law rights by subjecting her to repeated sexual assault. (ECF No. 1). Judge Lynn Adelman screened the complaint on February 19, 2019 and allowed BAT to proceed on her claims against the defendants. (ECF No. 4). He then referred the matter to this court for all pretrial matters. (ECF No. 9).

         After being served with BAT's complaint, the defendants filed their respective answers. Defendant Deppisch answered the complaint and included with his answer counterclaims against BAT and cross-claims against defendants Gleisner and Moore. (ECF No. 8). Because BAT and defendants Gleisner and Moore have move for defendant Deppisch's respective claims to be dismissed based on their failure to state a claim, the court sets out the entirety of defendant Deppisch's counterclaims and cross-claims as follows:

         Counter Claim:

Defendant asserts Courter Claims
1. Defamation
2. Interference of Contract
3. State Claims 4. Intentional Infliction of Emotional Distress

         Cross Claims:

1. Defamation
2. Interference of ...

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