Doe v. Eastern Michigan University Board of Regents et al

Filing 51

ORDER Denying As Moot 25 Motion to Dismiss; and Denying As Moot 29 Motion for Judgment. Signed by District Judge Linda V. Parker. (AFla)

Case 2:21-cv-10649-LVP-APP ECF No. 51, PageID.1170 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JANE DOES 1-19,
Plaintiffs,
Civil Case No. 21-10649
Honorable Linda V. Parker

v.
EASTERN MICHIGAN UNIVERSITY
BOARD OF REGENTS, et al.,
Defendants.
___________________________________/

ORDER DENYING AS MOOT (1) MOTION TO DISMISS FILED BY
DEFENDANTS ROBERT HEIGHES, DANIEL KARRICK, AND MELODY
WARNER (ECF NO. 25) AND (2) MOTION FOR JUDGMENT ON THE
PLEADINGS FILED BY DEFENDANTS EASTERN MICHIGAN
UNIVERSITY BOARD OF REGENTS AND EASTERN MICHIGAN
UNIVERSITY POLICY DEPARTMENT (ECF NO. 29)
This is a consolidated action filed by a number of Jane Doe Plaintiffs in
March and May of this year. Before the matters were consolidated, a motion to
dismiss (ECF No. 25) and a motion for judgment on the pleadings (ECF No. 29)
were filed. Plaintiffs thereafter filed a consolidated Amended Complaint on
September 7, 2021. (ECF No. 50.) As such, the Complaint to which the pending
dispositive motions are directed has been superseded and the motions are moot.
See Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) (citing
cases).
Accordingly,

Case 2:21-cv-10649-LVP-APP ECF No. 51, PageID.1171 Filed 09/08/21 Page 2 of 2

IT IS ORDERED, that the Motion to Dismiss Plaintiffs’ Complaint filed by
Robert Heighes, Daniel Karrick, and Melody Werner (ECF No. 25) is DENIED
AS MOOT.
IT IS FURTHER ORDERED that the Motion for Judgment on the
Pleadings filed by Eastern Michigan University Board of Regents and Eastern
Michigan University Police Department (ECF No. 29) is DENIED AS MOOT.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 8, 2021