Tiffany et al v. Michigan Department of Health and Human Services et al

Filing 33

ORDER Denying Defendants' 16 17 18 Motions to Dismiss as Moot. Signed by District Judge Thomas L. Ludington. (Sian, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JAMES TIFFANY, et al.,
Plaintiffs,
v.

Case No. 15-cv-12157
Honorable Thomas L. Ludington

MICHIGAN DEPARTMENT OF HEALTH AND
HUMAN SERVICES, et al.,
Defendants.
_______________________________________/
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS AS MOOT
On June 12, 2015, Plaintiffs initiated this case against Defendants Michigan Department
of Health and Human Services and Community Mental Health for Central Michigan. ECF No. 1.
In their complaint Plaintiffs allege violations of Due Process and Equal Protection and seek
preliminary injunctive and declaratory relief. Id.
On August 7, 2015, Defendants Department of Health and Human Services and
Community Mental Health filed motions to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6). ECF Nos. 16, 17, & 18. Defendants sought dismissal of Plaintiffs’ complaint in its
entirety.
Plaintiffs amended their complaint as of right on August 28, 2015. ECF No. 21; Fed. R.
Civ. P. 15(a)(1)(B) (allowing a party to amend a pleading as a matter of course within 21 days of
being served a motion under Rule 12(b)). Plaintiffs’ Amended Complaint added a new
Defendant, Mid State Health Plan Network Pre-Paid Inpatient Health Plan, and a new count
against the first two Defendants, Count III (alleging violations of the Michigan Mental Health
Code). ECF No. 21.

When an amended complaint is filed, the prior complaint is superseded and rendered
moot. See Smith & Nephew Inc. v. Fed. Ins. Co., 113 F. App’x 99, 102 (6th Cir. 2004). In
general, then, “motions directed at the superseded pleading generally are to be denied as moot.”
Mize v. Blue Ridge Bank, No. 8:12-CV-2763-JMC-JDA, 2013 WL 1766659, at *1 (D.S.C. Feb.
12, 2013) (collecting cases). But, if the amended pleading does not cure the defects raised by the
motion directed at the superseded pleading, denying the motion as moot “would be to exalt form
over substance.” Wright, Miller, et al., 6 FED. PRAC. & PROC. CIV. § 1476 (3d ed.).
Here, while no defects identified by the original Defendants’ motions have been cured, a
new count has been added against both Defendants. In response, all Defendants timely filed
motions to dismiss directed at Plaintiffs’ Amended Complaint. They did not withdraw their prior
motions. Defendants Department of Health and Human Services and Defendant Community
Mental Health’s original motions will be denied as moot.
Accordingly, it is ORDERED that Defendants Michigan Department of Health and
Human Services and Community Mental Health for Central Michigan’s Motions to Dismiss,
ECF No. 16, 17, & 18, are DENIED as moot.
It is further ORDERED that the motion hearing schedule for October 22, 2015 at 2:00
p.m. is CANCELLED.
Dated: September 22, 2015

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on September 22, 2015.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager

-2-