Wilson v. United States of America et al

Filing 31

ORDER denying 10 Liberty Mutual's Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHERISSE CASAR WILSON,
Plaintiff,

2:23-CV-10528-TGB-DRG
HON. TERRENCE G. BERG

vs.
UNITED STATES OF AMERICA,
ET AL.,
Defendants.

ORDER DENYING LIBERTY
MUTUAL’S MOTION TO
DISMISS (ECF NO. 10)

Upon the Court’s review of Liberty Mutual’s motion to dismiss, ECF
No. 10, it is clear that the motion addresses the complaint filed March 6,
2023, ECF No. 1, not the amended complaint filed March 17, 2023, ECF
No. 5. The amended complaint is the operative pleading, and it added two
defendants, USAA Casualty Insurance Company and the Michigan
Automobile Insurance Placement Facility.
Consequently, because the motion to dismiss, ECF No. 10, responds
to a pleading that is no longer operative, it is DENIED as MOOT. If
Defendant Liberty Mutual wishes to file another motion to dismiss
properly addressing the amended complaint, it must do so within 10 days.
IT IS SO ORDERED.
Dated: November 13, 2023

s/Terrence G. Berg
HON. TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE