Opinion
23-cv-11462
10-17-2023
VDPP, LLC, Plaintiff, v. FORD MOTOR COMPANY, Defendant.
ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS WITHOUT PREJUDICE AS MOOT (ECF NO. 12)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On June 20, 2023, Plaintiff VDPP, LLC filed this patent infringement action against Defendant Ford Motor Company. (See Compl., ECF No. 1.) Ford thereafter filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 12.)
On September 13, 2023, without expressing any view regarding the merits of the motion to dismiss, the Court issued an order granting VDPP leave to file a First Amended Complaint in order to remedy the alleged deficiencies in its claims identified by Ford in its motion to dismiss. (See Order, ECF No. 14.) The Court informed the parties that if VDPP provided notice that it intended to file a First Amended Complaint, the Court would terminate Ford's motion to dismiss without prejudice. (See id.)
On October 15, 2023, VDPP filed a First Amended Complaint in this case. (See First Am. Compl., ECF No. 15.) Accordingly, because VDPP has filed a First Amended Complaint, the Court TERMINATES Ford's motion to dismiss (ECF No. 12) WITHOUT PREJUDICE AS MOOT. Ford shall answer or otherwise respond to the First Amended Complaint by no later than November 6, 2023 .
IT IS SO ORDERED.