Hohman al v. Eadie et al

Filing 33

ORDER Concerning the United States' 32 Second MOTION to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JODI C. HOHMAN et al.,
Plaintiffs,

Case No. 16-cv-11429
Hon. Matthew F. Leitman

v.
MAURICE EADIE et al.,
Defendants.
___________________________________/
ORDER CONCERNING THE UNITED STATES’
SECOND MOTION TO DISMISS
On January 17, 2017, Defendant United States of America filed a Motion to
Dismiss for Lack of Subject-Matter Jurisdiction (the “Motion”). (See ECF #32.)
On January 18, 2017, the Court held a telephonic status conference regarding the
Motion. As directed on conference, the Court orders the following:
1. By no later than February 1, 2017, Plaintiffs shall: (a) Determine whether
they can allege that Plaintiff Terry Miller, individually, was an account
holder of either of the accounts listed on the September 25, 2015
Summons (attached at ECF #12-2) and (b) Communicate to the Court
whether they intend to file a Second Amended Complaint containing
such allegation. If Plaintiffs decide to file a Second Amended Complaint

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containing the allegation, they shall do so by February 11, 2017, and they
need not respond to the Motion.
2. In the event that Plaintiffs do not file a Second Amended Complaint as
described above, they shall: (a) File on the docket a clean copy of the
operative Amended Complaint (which currently appears in Redline
Format at ECF #16-2.) In this clean copy, Plaintiffs shall either omit the
claims that the Court dismissed on November 7, 2016, or include those
claims but clearly designate them as having been dismissed by prior
order of the Court. Plaintiffs need not eliminate any factual allegations
from the Amended Complaint and (b) Respond to the Motion by
February 22, 2017.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 19, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on January 19, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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