Horn et al v. Schumaker et al

Filing 27

ORDER Denying Without Prejudice Defendant's 14 Motion to Dismiss as Moot. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CYNTHIA HORN, et al.
Plaintiffs,

Civil Action No.
4:13-cv-13630

vs.
HON. MARK A. GOLDSMITH
ADAM R SCHUMAKER, et al.,
Defendants.
_____________________________/
ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS
(DKT. 14) AS MOOT
On October 2, 2013, Defendant Oakland Community College filed a motion to
dismiss Plaintiffs’ second amended complaint. Mot. to Dismiss (Dkt. 14). The parties
subsequently submitted a joint stipulation allowing Plaintiffs to amend their second
amended complaint, which Plaintiffs had previously filed with this Court.
11/20/2013 Stipulation (Dkt. 26).

See

The parties also stipulated that Defendants —

including Defendant Oakland Community College — shall have until December 11, 2013
to answer or otherwise respond to Plaintiffs’ third amended complaint. Id. The Court
granted the stipulated order on November 20, 2013. Id.
In light of the parties’ stipulation and the third amended complaint, the Court
denies without prejudice Defendant Oakland Community College’s motion to dismiss as
moot (Dkt. 14). Correspondingly, the Court cancels the motion hearing currently set for
December 12, 2013.

As stipulated by the parties, Defendants, including Defendant

Oakland Community College, shall have until December 11, 2013 to answer or otherwise
respond to Plaintiffs’ third amended complaint.
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SO ORDERED.
Dated: November 20, 2013
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on November 20, 2013.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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