MedSource, LLC v. Katschanow et al

Filing 63

ORDER denying as moot 34 Motion to Dismiss, 39 Motion to Dismiss, and 41 Motion to Dismiss; denying 47 Motion to Dismiss; granting 54 Motion for Leave to File an Amended Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MEDSOURCE, LLC,
Plaintiff,
Case No. 12-11946
v.
Hon. John Corbett O’Meara
DEROYAL INDUSTRIES, INC., et al.,
Defendants.
________________________________/

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE
TO FILE AN AMENDED COMPLAINT AND DENYING MOTIONS TO DISMISS
Before the court is Plaintiff’s motion for leave to file an amended complaint, filed July
30, 2012. Pursuant to Fed. R. Civ. P. 15(a)(2), “the court should freely give leave when justice
so requires.” This case is in its early stages, with the original complaint filed on April 30, 2012.
Further, Defendants have not objected to Plaintiff filing an amended complaint. Accordingly,
the court will grant Plaintiff’s motion.
Also pending are several motions to dismiss filed by Defendants. The court will dismiss
these motions as moot; Defendants may file revised motions specifically addressing Plaintiff’s
amended complaint if they desire. The filing of responses and replies shall be governed by the
local rules.
Finally, Plaintiff has brought a motion to dismiss Counts III (defamation) and V
(preliminary injunction based on defamation claim) of Kevin Katschanow and Ortho Workz,
Inc.’s counterclaim. This motion has been fully briefed. Plaintiff argues that Katschanow and
Ortho Workz have not pleaded defamation with the requisite specificity under Michigan law.

The court concludes that this claim is sufficiently pleaded; accordingly, it will deny Plaintiff’s
motion.
THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s motion to amend [docket no.
54] is GRANTED. Plaintiff shall file its amended complaint within seven days from the date of
this order.
IT IS FURTHER ORDERED that Defendants’ motions to dismiss [docket nos. 34, 39,
and 41] are DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff’s motion to dismiss [docket no. 47] is
DENIED.

s/John Corbett O'Meara
United States District Judge
Date: September 5, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, September 5, 2012, using the ECF system.

s/William Barkholz
Case Manager

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