McGrath et al v. Dunecrest Condominium Association
Filing
58
OPINION AND ORDER: For the reasons set forth in the Opinion and Order, Defendant Dunecrest Condominium Association's 42 motion for summary judgment is DENIED AS MOOT. Signed by Chief Judge Jon E DeGuilio on 9/27/2022. (jss)
USDC IN/ND case 3:20-cv-00656-JD-MGG document 58 filed 09/27/22 page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MICHAEL MCGRATH, et al.,
Plaintiffs,
v.
Case No. 3:20-CV-656 JD
DUNECREST CONDOMINIUM
ASSOCIATION, et al.,
Defendants.
OPINION AND ORDER
On August 5, 2022, Plaintiffs file their third amended complaint. (DE 50.) This third
amended complaint brings additional causes of action and names new defendants. (Id.) Prior to
filing the third amended complaint, one of the Defendants, Dunecrest Condominium Association,
moved for summary judgment. (DE 42.) Given the filing of the third amended complaint and that
it contains new counts against the Dunecrest Condominium Association, the Court finds that the
prior motion for summary judgment is moot. Such an approach is preferable to allowing the
Dunecrest Condominium Association to file a second motion for summary judgment directed at
the newly added claims, since that would result in a “piecemeal approach.” Keisler v. Encore
Receivable Mgmt., Inc., No. 1:06-CV-912-JDT-WTL, 2007 WL 9752008, at *1 (S.D. Ind. Aug.
16, 2007) (“While Defendant could be given an opportunity to file a second motion for summary
judgment directed at the newly added claims, this would lead to a piecemeal approach, which is
disfavored.”); Malicki v. Leman USA, Inc., No. 17-CV-1674, 2018 WL 5650019, at *4 (E.D.
Wis. Oct. 31, 2018) (“Furthermore, because Malicki will be allowed to amend the complaint, the
defendant’s motion for summary judgment based on the original complaint will be dismissed as
moot.”).
USDC IN/ND case 3:20-cv-00656-JD-MGG document 58 filed 09/27/22 page 2 of 2
Accordingly, Defendant Dunecrest Condominium Association’s motion for summary
judgment is DENIED AS MOOT. (DE 42.)
SO ORDERED.
ENTERED: September 27, 2022
/s/ JON E. DEGUILIO
Chief Judge
United States District Court
2
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