Wassel et al v. Hamtramck, City of et al

Filing 17

ORDER (1) Directing Plaintiffs to File Second Amended Complaint and (2) Terminating as Moot Defendants' 7 and 8 Motions to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR WASSEL and
MOHAMED WASEL,
Plaintiffs,

Case No. 18-cv-11662
Hon. Matthew F. Leitman

v.
CITY OF HAMTRAMCK, et al.,
Defendants.
__________________________________________________________________/
ORDER (1) DIRECTING PLAINTIFFS TO FILE SECOND AMENDED
COMPLAINT AND (2) TERMINATING AS MOOT DEFENDANTS’
MOTIONS TO DISMISS (ECF ## 7, 8)
In this action, Plaintiffs Omar Wassel and Mohamad Wasel allege, among
other things, that the City of Hamtramck and certain of the City’s police officers
wrongfully arrested them and discriminated against them on the basis of their race.
(See First Am. Compl., ECF #4.) Defendants moved to dismiss Plaintiffs’ claims
(see Motions to Dismiss, ECF ## 7, 8), and the Court held a hearing on the motions
on January 9, 2019.
At the hearing, the Court identified a number of areas of concern with respect
to Plaintiffs’ claims as they are currently pleaded. Rather than rule on Defendants’
pending motions to dismiss, the Court hereby DIRECTS Plaintiffs to file a Second
Amended Complaint. As the Court instructed on the record, Plaintiffs shall include

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all reasonably-available pertinent factual allegations that they can make in good faith
in the Second Amended Complaint. The Court will be disinclined to allow Plaintiffs
to amend their Complaint a third time in order to add any missing factual allegations
or to correct any other pleading defects.
Plaintiffs shall file the Second Amended Complaint by no later than January
30, 2019. Defendants shall answer or otherwise respond to the Second Amended
Complaint by no later than February 20, 2019. Because the Court is directing
Plaintiffs to file a Second Amended Complaint, the Court will TERMINATE AS
MOOT Defendants’ currently-pending motions to dismiss the First Amended
Complaint (ECF ## 7, 8).
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 9, 2019

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on January 9, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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