Gordon et al v. Urbahns

Filing 16

ORDER Denying Motion to Dismiss as moot 12 . Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRED GORDON, et al.,
Plaintiffs,
Case No. 12-13724
v.
HON. GEORGE CARAM STEEH
JOHN URBAHNS,
Defendant.
_____________________________/
ORDER DENYING MOTION TO DISMISS (#12) AS MOOT
On August 22, 2012, plaintiffs filed this action against defendant alleging breach of
fiduciary duty, breach of contract, contribution, and violations of Michigan statutes. On October
8, 2012, defendant filed a motion to dismiss. On October 29, 2012, plaintiffs filed an amended
complaint. Federal Rule of Civil Procedure 15(a)(1)(B) allows a plaintiff to amend her
complaint without leave within twenty-one days after service of a motion under Rule 12(b). The
court believes the pending motion to dismiss is moot in light of the new pleading. Defendant
may file a new motion within the applicable time limit. Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss is DENIED without
prejudice as moot.
Dated: November 7, 2012
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 7, 2012, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk