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)

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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

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