Bomber v. Communicare Michigan LLC et al

Filing 33

ORDER (1) Granting in Part and Denying in Part Defendants' 29 Motion to Dismiss; (2) Directing Plaintiff to File a Second Amended Complaint; and (3) Referring the Case to Magistrate Judge for Settlement Conference. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EUGENE BOMBER, Plaintiff, Case No. 16-cv-11943 Hon. Matthew F. Leitman v. COMMUNICARE MICHIGAN LLC et al.. Defendants. _________________________________/ ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (ECF #29); (2) DIRECTING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT; AND (3) REFERRING THE CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE On January 30, 2017, Plaintiff Eugene Bomber (“Bomber”) filed an Amended Complaint against Defendants Communicare Michigan LLC (“Communicare”) and Tampa Bay Holdings, LLC (“Tampa Bay”). (See ECF #27.) On February 27, 2017, Defendants moved to dismiss the Amended Complaint (the “Motion”). (See ECF #29.) Bomber responded to the Motion on March 20, 2017. (See ECF #30.) The Court held a hearing on the Motion on May 30, 2017. As explained on the record at the hearing, the Motion is GRANTED IN PART AND DENIED IN PART, and the Court directs Bomber to file a Second Amended Complaint that addresses the Court’s concerns identified at the hearing. 1   Bomber shall file the Second Amended Complaint no later than 21 days after the date of the settlement conference described below. Defendants shall file an answer or otherwise respond to the Second Amended Complaint within 21 days of that complaint being filed. Finally, the Court ORDERS that this matter be referred to U.S. Magistrate Judge Davis for a settlement conference. IT IS SO ORDERED.             s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: May 31, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on May 31, 2017, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 2  

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