Carmack v. City of Detroit et al

Filing 15

ORDER (1) Granting Plaintiff's 13 Emergency Motion for Leave to File a First Amended Complaint, (2) Terminating as Moot Plaintiff's 12 Motion for an Extension of Time to Respond to Defendant's Motion to Dismiss, and (3) Terminating as Moot Defendants' 6 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT CARMACK,
Plaintiff,

Case No. 18-cv-11018
Hon. Matthew F. Leitman

v.
CITY OF DETROIT, et al.,
Defendants.
_________________________________/
ORDER (1) GRANTING PLAINTIFF’S EMERGENCY MOTION FOR
LEAVE TO FILE A FIRST AMENDED COMPLAINT (ECF #13), (2)
TERMINATING AS MOOT PLAINTIFF’S MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO DEFENDANTS’ MOTION TO
DISMISS (ECF #12), AND (3) TERMINATING AS MOOT DEFENDANTS’
MOTION TO DISMISS (ECF #6)
On March 28, 2018, Plaintiff Robert Carmack filed this action against
Defendants the City of Detroit, Mayor Mike Duggan, Gabe Leland, and Eric Sabree.
(See Compl., ECF #1.) The City of Detroit and Mayor Duggan moved to dismiss
Carmack’s claims against them on May 10, 2018. (See id.) Carmack has now filed
two emergency motions with the Court: (1) an emergency motion for an extension
of time to file a response to the pending motion to dismiss (ECF #12) and (2) an
emergency motion for leave to file a First Amended Complaint (ECF #13). The
Court held an on-the-record telephonic status conference with counsel for all parties
to discuss the three pending motions on June 6, 2018. (See ECF #14.)

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For the reasons stated on the record during the June 6, 2018, telephonic status
conference, IT IS HEREBY ORDERED as follows:
 Carmarck’s emergency motion to file a First Amended Complaint (ECF
#13) is GRANTED. Carmack shall file a First Amended Complaint by
no later than June 20, 2018. All Defendants shall answer or otherwise
respond to the First Amended Complaint by no later than 28 days after
Carmack files that pleading.
 Carmack’s emergency motion for an extension of time to respond to
Defendants’ motion to dismiss (ECF #12) is TERMINATED AS
MOOT in light of the Court’s ruling allowing him to file a First
Amended Complaint.
 The City of Detroit and Mayor Duggan’s motion to dismiss (ECF #6)
is TERMINATED AS MOOT in light of the Court’s ruling allowing
Carmack to file a First Amended Complaint.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 6, 2018

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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 June 6, 2018, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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