DiGaetano v. Blue Cross Blue Shield of Michigan

Filing 12

ORDER Granting Plaintiff Leave to File a First Amended Complaint. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TINA DIGAETANO,
Plaintiff,

Case No. 23-cv-12078
Hon. Matthew F. Leitman

v.
BLUE CROSS BLUE SHIELD
OF MICHIGAN,
Defendant.
__________________________________________________________________/
ORDER GRANTING PLAINTIFF LEAVE
TO FILE A FIRST AMENDED COMPLAINT
On August 14, 2023, Plaintiff Tina DiGaetano filed this employment
discrimination action against Blue Cross Blue Shield of Michigan. (See Compl., ECF
No. 1.) Blue Cross has now filed a Motion for Judgment on the Pleadings pursuant
to Federal Rule of Civil Procedure 12(c). (See Mot., ECF No. 11.) One of the bases
for the Motion is that DiGaetano has failed to plead sufficient facts to state viable
claims under the Supreme Court’s decisions in Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). (See, e.g., id,,
PageID.88-89, 93.)
Without expressing any view regarding the merits of the Motion, the Court
will grant DiGaetano the opportunity to file a First Amended Complaint in order to
remedy the alleged deficiencies in her allegations. The Court does not anticipate

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allowing DiGaetano another opportunity to amend to add factual allegations that she
could now include in her First Amended Complaint. Simply put, this is DiGaetano’s
opportunity to amend her allegations to cure the alleged deficiencies in her claims.
By April 8, 2024, DiGaetano shall file a notice on the docket in this action
notifying the Court and Blue Cross whether she will amend her Complaint. If
DiGaetano provides notice that she will be filing a First Amended Complaint, she
shall file that amended pleading by no later than April 22, 2024. If DiGaetano
provides notice that she will not be filing a First Amended Complaint, she shall
respond to Blue Cross’ Motion for Judgment on the Pleadings by no later than April
22, 2024.
Finally, if DiGaetano provides notice that she will be filing a First Amended
Complaint, the Court will terminate without prejudice Blue Cross’ currentlypending Motion for Judgment on the Pleadings as moot.

Blue Cross may file a

renewed motion directed at the First Amended Complaint if it believes that such a
motion is appropriate after reviewing that pleading.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 27, 2024

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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 27, 2024, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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