Taylor et al v. United States

Filing 10

ORDER (1) Terminating Defendant's 6 Motion to Dismiss Without Prejudice and (2) Granting Plaintiffs Leave to File a First Amended Complaint. Signed by District Judge Matthew F. Leitman. (HRya)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN TAYLOR and LAURA TAYLOR, Plaintiffs, Case No. 23-cv-11488 Hon. Matthew F. Leitman v. UNITED STATES OF AMERICA, Defendant. __________________________________________________________________/ ORDER (1) TERMINATING DEFENDANT’S MOTION TO DISMISS WITHOUT PREJUDICE (ECF No. 6) AND (2) GRANTING PLAINTIFFS LEAVE TO FILE A FIRST AMENDED COMPLAINT On May 13, 2024, the Court held a hearing on Defendant United States of America’s motion to dismiss Plaintiffs’ Complaint. (See Mot., ECF No. 6.) For the reasons explained on the record, the United States’ motion is TERMINATED WITHOUT PREJUDICE. As further discussed on the record, Plaintiffs shall file a First Amended Complaint by no later than June 3, 2024. This is Plaintiffs’ opportunity to, among other things, plead all facts, currently known to them, that support Plaintiffs’ claims and would address the deficiencies that the United States identified in its motion to dismiss. The Court will not allow Plaintiffs another opportunity to amend to add factual allegations that they could now include in their First Amended Complaint. 1 The United States shall respond to the First Amended Complaint by no later than June 24, 2024. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: May 13, 2024 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on May 13, 2024, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126 2

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