Franklin Capital Group, LLC v. Austin Business Finance, LLC et al

Filing 42

ORDER Denying Defendants' 16 and 17 Motions to Dismiss and Granting Plaintiff's 30 and 33 Motion to Amend. Signed by District Judge David M. Lawson. (HRya)

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Case 2:22-cv-10947-DML-DRG ECF No. 42, PageID.1089 Filed 11/21/22 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANKLIN CAPITAL FUNDING, LLC, Plaintiff, v. Case Number 22-10947 Honorable David M. Lawson AUSTIN BUSINESS FINANCE, LLC, and MXT SOLUTIONS, LLC Defendants. ________________________________________/ ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS AND GRANTING PLAINTIFF’S MOTION TO AMEND This matter is before the Court on the defendants’ motions to dismiss and the plaintiff’s motion for leave to file an amended complaint. After reviewing the parties’ submissions and hearing oral argument on November 21, 2022, the Court announced its decision from the bench, denied the defendants’ motions to dismiss, and granted the plaintiff’s motion to amend. Accordingly, it is ORDERED that the defendants’ motions to dismiss (ECF Nos. 16, 17) are DENIED for the reasons stated on the record. It is further ORDERED that the plaintiff’s motion for leave to file an amended complaint (ECF No. 30, 33) is GRANTED, and the plaintiff may file an amended complaint on or before December 12, 2022. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: November 21, 2022

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