Benjamin, Trustee et al v. Stemple et al

Filing 12

ORDER Denying 9 Motion to Dismiss as Moot. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JAMES BENJAMIN, as Trustee of the
REBEKAH C BENJAMIN TRUST,
Plaintiff,
Case No. 18-cv-10849
Honorable Thomas L. Ludington

v.
JOHN STEMPLE AND JANET SANTOS,
in their official and individual capacities,
Defendants.
_______________________________________/

ORDER DENYING MOTION TO DISMISS AS MOOT
On March 14, 2018, Plaintiff James Benjamin, trustee for the Rebekah C. Benjamin Trust,
filed suit against Defendant John Stemple and Janet Santos, employees of the City of Saginaw.
ECF No. 1. In the suit, Benjamin alleges that the City of Saginaw’s practice of requiring owners
of “vacant, but maintained, properties to ‘register’ their property in order to obtain licensing
compliance” and, as part of that registration, consent to warrantless entries of those properties for
administrative protections violates the United States Constitution. On May 15, 2018, Defendants
filed a motion to dismiss. ECF No. 9. Two days later, Plaintiff filed an amended complaint. ECF
No. 10. The amended complaint adds no new claims or defendants, but adds several pages of
additional factual and legal allegations. “Normally, an amended complaint supersedes the original
complaint.” Pac. Bell Tel. Co. v. Linkline Commc’ns, Inc., 555 U.S. 438, 456 n.4 (2009). Plaintiff
believes that the amended complaint resolves the legal deficiencies which Defendants identified
in the original complaint. Because the motion to dismiss seeks dismissal of a superseded
complaint, it will be denied as moot.

Accordingly, it is ORDERED that the motion to dismiss, ECF No. 9, is DENIED as moot.

Dated: May 22, 2018

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 May 22, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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