Detroit Entertainment, LLC v. American Guarantee and Liability Insurance Company
ORDER Granting Plaintiff Leave to File a First Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
DETROIT ENTERTAINMENT, LLC,
Case No. 21-cv-10661
Hon. Matthew F. Leitman
AMERICAN GUARANTEE AND
LIABILITY INSURANCE COMPANY,
ORDER GRANTING PLAINTIFF LEAVE
TO FILE A FIRST AMENDED COMPLAINT
On February 25, 2021, Plaintiff Detroit Entertainment, LLC filed this
declatory judgment and breach-of-contract action against its commercial property
insurer, Defendant American Guarantee and Liability Insurance Company, in the
Wayne County Circuit Court. (See Compl., ECF No. 1-2.) Detroit Entertainment
alleges that American Guarantee wrongly denied an insurance claim that Detroit
Entertainment had made related to losses arising out of the COVID-19 pandemic.
(See id.) American Guarantee removed the action to this Court, and it has now filed
a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See
Notice of Removal, ECF No. 1; Mot. to Dismiss, ECF No. 13.)
Without expressing any view regarding the merits of the motion to dismiss,
the Court will grant Detroit Entertainment the opportunity to file a First Amended
Complaint in order to remedy the alleged deficiencies in its claims identified by
American Guarantee in the motion to dismiss. The Court does not anticipate
allowing Detroit Entertainment another opportunity to amend to add factual
allegations that it could now include in its First Amended Complaint. Simply put,
this is Detroit Entertainment’s opportunity to allege any and all additional facts,
currently known to it, that may cure the alleged deficiencies in its claims.
By May 11, 2021, Detroit Entertainment shall notify the Court and
Defendants in writing whether it will amend the Complaint or respond to the motion
to dismiss. If Detroit Entertainment provides notice that it will be filing a First
Amended Complaint, it shall file that amended pleading by no later than May 24,
2021, and American Guarantee shall answer or otherwise respond to it by no later
than June 21, 2021. Upon the filing of a First Amended Complaint, the Court will
terminate without prejudice American Guarantee’s currently pending motion to
dismiss as moot.
If Detroit Entertainment provides notice that it will not be filing a First
Amended Complaint, it shall file a response to American Guarantee’s motion to
dismiss by no later than May 24, 2021.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 27, 2021
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on April 27, 2021, by electronic means and/or
s/Holly A. Monda
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