Nowak v. ABM Industries Incorporated et al

Filing 5

ORDER denying without prejudice as moot #2 Motion to Dismiss; and Directing Defendants to file a Responsive Pleading to the Amended Complaint within 21 days. Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Scott Nowak,
Plaintiff,
v.
ABM Industries Inc., et al,
Defendants.
________________________________/

Case No. 21-10774
Judith E. Levy
United States District Judge
Curtis Ivy, Jr.
Magistrate Judge

ORDER DENYING WITHOUT PREJUDICE AS MOOT
DEFENDANTS’ MOTION TO DISMISS [2]
Plaintiff initiated this employment insurance case on February 19,
2021, and Defendants removed it to federal court on April 6, 2021. (ECF
No. 1.) On April 13, 2021, Defendants filed a motion to dismiss the
complaint or, in the alternative, request a more definite statement as to
Plaintiff’s complaint under Federal Rule of Civil Procedure 12(e). (ECF
No. 2.) Plaintiff then filed an amended complaint nine days later, on April
22, 2021. (ECF No. 4.)
Without expressing any view as to whether the amended complaint
cures the purported deficiencies claimed in the motion to dismiss, the

Court DENIES WITHOUT PREJUDICE AS MOOT Defendant’s motion
to dismiss in light of the filing of the amended complaint. “[A]n amended
complaint supersedes all prior complaints.” Drake v. City of Detroit, 266
Fed. Appx. 444, 448 (6th Cir. 2008). “It follows that ‘motions directed at
the superseded pleading,’” such as Defendants’ motion here, “generally
are to be denied as moot.” Nails v. RPI-Section 8 Housing, 2019 WL
1112381, at *4 (E.D. Mich. Mar. 11, 2019) (quoting Heard v. Strange,
2018 WL 4189652, at *2 (E.D. Mich. June 21, 2018) (collecting cases)
report and recommendation adopted, 2018 WL 4184633 (E.D. Mich. Aug.
31, 2018).
Plaintiff filed his first amended complaint by right. Fed. R. Civ. P.
15(a)(1)(B) (a complaint may be amended as of right once within 21 days
of the filing of a motion to dismiss). Accordingly, Defendants are directed
to file a responsive pleading to the amended complaint within 21 days of
this Order.
IT IS SO ORDERED.
Dated: April 26, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

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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 April 26, 2021.
s/William J. Barkholz
WILLIAM J. BARKHOLZ
Case Manager

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