VTP River Woods, LLC et al v. Ypsilanti, City of

Filing 11

ORDER Terminating Defendant's #8 Motion to Dismiss as Moot. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
VTP RIVER WOODS LLC, et al.,
Plaintiffs,

Case No. 24-cv-12646
Hon. Matthew F. Leitman

v.
CITY OF YPSILANTI,
Defendant.
__________________________________________________________________/
ORDER TERMINATING DEFENDANT’S
MOTION TO DISMISS (ECF No. 8) AS MOOT
On October 7, 2024, Plaintiffs VTP River Woods LLC and VTP Arbor One
LLC (collectively, “Plaintiffs”) filed this civil-rights action against Defendant City
of Ypsilanti (the “City”). (See Compl., ECF No. 1.) The City thereafter filed a
motion to dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure
12(b)(6). (See Mot. to Dismiss, ECF No. 8.)
On November 13, 2024, without expressing any view regarding the merits of
the motion to dismiss, the Court issued an order granting Plaintiffs leave to file a
First Amended Complaint in order to remedy the alleged deficiencies in their claims
identified by the City in its motion to dismiss. (See Order, ECF No. 9.) The Court
informed the parties that if Plaintiffs provided notice that they intended to file a First

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Amended Complaint, the Court would terminate the City’s motion to dismiss
without prejudice. (See id.)
On November 25, 2024, Plaintiffs filed a Notice with the Court in which they
informed the Court that they intend to file a First Amended Complaint. (See Notice,
ECF No. 10.) In light of Plaintiffs’ Notice, the Court TERMINATES the City’s
pending motion to dismiss (ECF No. 8) AS MOOT. The City may file a renewed
motion to dismiss, directed at the First Amended Complaint, if appropriate, after that
pleading is filed.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: November 26, 2024
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 26, 2024, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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