Civil Procedure — dismissal

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — dismissal

A district court cannot resolve questions regarding tolling of the statute of limitations on a motion to dismiss.

“We appreciate the judicial desire to resolve cases as swiftly as possible. Litigation is costly for both sides, and a doomed suit should be brought to a conclusion before costs are needlessly run up. Twombly designed its plausibility requirement as a partial antidote to the high costs of discovery and trial. But neither Twombly nor Iqbal has changed the rule that judges must not make findings of fact at the pleading stage (or for that matter the summary-judgment stage). A complaint that invokes a recognized legal theory (as this one does) and contains plausible allegations on the material issues (as this one does) cannot be dismissed under Rule 12. See Erickson v. Pardus, 551 U.S. 89 (2007).”

Reversed and Remanded.

11-3227 Richards v. Mitcheff

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Easterbrook, J.