Opinion
16-CV-685
03-24-2023
JAMESETTA MCFARLAND-LAWSON, Plaintiff, v. MARCIA FUDGE, Defendant.
ORDER
WILLIAM E. DUFFIN U.S. MAGISTRATE JUDGE
Jamesetta McFarland-Lawson filed with the court a document captioned “What the Defendant's defense is for the new claim that was presented by the 7th Circuit Court of Appeals.”
McFarland-Lawson correctly notes that the Court of Appeals for the Seventh Circuit remanded only a single narrow claim to this court, specifically: “On April 4, 2013, she learned that she needed to authorize an extension of an independent medical examination and review of her medical files, thus delaying a determination of when she would be allowed to return to work.” McFarland-Lawson v. Ammon, 847 Fed.Appx. 350, 356 (7th Cir. 2021). That is the only claim that remains. Id.
McFarland-Lawson asks that the court order the defendant to state her defense to this claim. She offers no authority in support of her argument.
“Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required.” Fed.R.Civ.P. 12(b). The defendant did so. (ECF No. 74 at 37-40.) Beyond specifically pled defenses, a defendant may simply seek to prove that a plaintiff's allegations are untrue or that, even if true, those facts do not amount to a violation of law. A defendant need not tell a plaintiff specifically how it plans to defend any particular claim.
IT IS THEREFORE ORDERED that McFarland-Lawson's motion is denied.