White woman sues sperm bank after she gets wrong color baby

[Allison]

not sure how these sperm banks work, re information, but my auntie is Indian my Uncle is white, they had white with blue eyed babies. Then my cousin had a baby with a white man and produced a child that looked like it was from a mixed raced couple, so what I am trying to say not everyone knows their background, so you could produce a child of colour without knowing who you really are.

Your story has nothing to do with case.

 

[bcla]

I saw something about this case and thought about this old discussion. It apparently turned into a mess of lawsuits that were filed in state and federal courts, but in the end they were all dismissed with prejudice, meaning they couldn't be refiled. Apparently in the state case she had an opportunity to amend the lawsuit within 45 days to cure several deficiencies, but Cramblett thought that filing it in federal court was sufficient to maintain her state court rights.

The federal court stayed the federal proceeding pending the state case, but then the state court dismissed the case.

https://www.govinfo.gov/content/pkg...v-04553/pdf/USCOURTS-ilnd-1_16-cv-04553-0.pdf​

For the reasons stated herein, Midwest’s motion to stay the federal proceeding pursuant to Colorado River [22] is granted. This case is placed on the Court’s suspended trial calendar. The parties are instructed to inform the Court within twenty-eight days after the conclusion of the parallel state proceeding.​

IT IS SO ORDERED. ENTERED 1/27/17​

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https://casetext.com/case/cramblett-v-midwest-sperm-bank-llc-1​

Opinion​

No. 2-16-0694​

​

06-27-2017​

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JENNIFER L. CRAMBLETT, Plaintiff-Appellant, v. MIDWEST SPERM BANK, LLC, Defendant-Appellee.​

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Finally, plaintiff urges this court to remand the matter to the trial court with instructions either to stay the proceedings "indefinitely" or to dismiss the case "otherwise than on the merits." We decline plaintiff's invitation because, as stated above, we believe that, under the circumstances, the trial court did not err in dismissing the amended complaint with prejudice and dismissing the state court litigation altogether.​

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¶ 40 III. CONCLUSION​

¶ 41 For the reasons stated, the judgment of the circuit court of DuPage County is affirmed. ¶ 42 Affirmed.​

 

[LuvOrlando]

I saw something about this case and thought about this old discussion. It apparently turned into a mess of lawsuits that were filed in state and federal courts, but in the end they were all dismissed with prejudice, meaning they couldn't be refiled. Apparently in the state case she had an opportunity to amend the lawsuit within 45 days to cure several deficiencies, but Cramblett thought that filing it in federal court was sufficient to maintain her state court rights.

The federal court stayed the federal proceeding pending the state case, but then the state court dismissed the case.

https://www.govinfo.gov/content/pkg...v-04553/pdf/USCOURTS-ilnd-1_16-cv-04553-0.pdf​

For the reasons stated herein, Midwest’s motion to stay the federal proceeding pursuant to Colorado River [22] is granted. This case is placed on the Court’s suspended trial calendar. The parties are instructed to inform the Court within twenty-eight days after the conclusion of the parallel state proceeding.​

IT IS SO ORDERED. ENTERED 1/27/17​

​

https://casetext.com/case/cramblett-v-midwest-sperm-bank-llc-1​

Opinion​

No. 2-16-0694​

​

06-27-2017​

​

JENNIFER L. CRAMBLETT, Plaintiff-Appellant, v. MIDWEST SPERM BANK, LLC, Defendant-Appellee.​

​

Finally, plaintiff urges this court to remand the matter to the trial court with instructions either to stay the proceedings "indefinitely" or to dismiss the case "otherwise than on the merits." We decline plaintiff's invitation because, as stated above, we believe that, under the circumstances, the trial court did not err in dismissing the amended complaint with prejudice and dismissing the state court litigation altogether.​

​

¶ 40 III. CONCLUSION​

¶ 41 For the reasons stated, the judgment of the circuit court of DuPage County is affirmed. ¶ 42 Affirmed.​

I don't remember this story but that is a lot of words. Does this mean it went down because the attorney miscalculated that it being in Federal Court was enough to cover all bases to save the client money?

 

[bcla]

I don't remember this story but that is a lot of words. Does this mean it went down because the attorney miscalculated that it being in Federal Court was enough to cover all bases to save the client money?

No. They filed in state court first. When it was dismissed in state court with permission to amend the lawsuit, the plaintiff and her attorneys apparently thought that they could file an "original claim" in federal court to meet that requirement, but the sperm bank's attorneys moved to dismiss for failured to meet the deadline. Here's a summary of the state court proceedings. The "wrongful birth" claim was that the plaintiff was wronged because of having a biracial child against her wishes.

https://www.chicagotribune.com/2016...awsuit-over-downers-grove-sperm-bank-mistake/​

Sutter dismissed Cramblett’s initial filing in September 2015, ruling that her suit could not proceed under a “wrongful birth” claim. He allowed the suit to be refiled under a negligence standard, but after a March hearing the judge dismissed many of the counts in the amended lawsuit.​

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He then gave Cramblett’s attorneys 45 days to again amend the complaint. The sperm bank’s attorneys say she missed the April deadline and asked for the dismissal with prejudice, meaning it could not be refiled in DuPage. Cramblett’s attorneys, though, argued the suit should continue in both local and federal court.​

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In the federal suit, Cramblett says the error at the sperm bank — she ordered vial No. 330 and was shipped No. 380 — constitutes fraud, negligence and breach of warranty. She is asking for at least $75,000 in damages and other fees and costs. The case is due back in federal court in August.​

It's a bit hard to follow the state and federal court issues, but I think that it basically ended once the state appeals court declined to proceed. This was from the state court ruling dismissing the case for the last time.

In her response, plaintiff argued that under Illinois law, filing an original complaint in federal court constituted compliance with the circuit court's order stating "[p]laintiff is granted 45 days to file a second amended complaint." She further stated that "n federal court, this case will be finally determined more speedily and according [sic] the parties' substantive rights because . . . the Federal Rules of Civil Procedure eschew protracted motion practice at the pleading stage of a civil case." ¶ 11 On July 21, 2016, the trial court dismissed the seven remaining counts of the first amended complaint with prejudice, noting plaintiff's failure to re-plead them in the circuit court and defendant's "request to obtain finality, at least at the state court level." Plaintiff timely appealed.​