Opinion
22-cv-11083
07-06-2022
COOPER-STANDARD AUTOMOTIVE, INC., Plaintiff, v. AMPHENOL THERMOMETRICS, INC., et al., Defendants.
ORDER TERMINATING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE AS MOOT (ECF NO. 7)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On May 18, 2022, Plaintiff Cooper-Standard Automotive, Inc. filed this action against Defendants Amphenol Thermometrics, Inc. and Amphenol Advanced Sensors Puerto Rico, LLC (collectively, “Amphenol”). (See Compl., ECF No. 1.) Cooper-Standard alleges, among other things, that Amphenol beached the parties' contract and breached certain warranties. (See id.) Amphenol thereafter filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 7.)
On June 14, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting Cooper-Standard leave to file a First Amended Complaint in order to remedy the alleged deficiencies in its claims identified by Amphenol in the motion to dismiss. (See Order, ECF No. 8.) The Court 1 informed the parties that if Cooper-Standard provided notice that it intended to file a First Amended Complaint, the Court would terminate Amphenols' motion to dismiss without prejudice. (See id.)
On June 26, 2022, Cooper-Standard filed a notice with the Court that it intends to file a First Amended Complaint. (See Notice, ECF No. 9.) Accordingly, because Cooper-Standard will be filing a First Amended Complaint, the Court TERMINATES Amphenols' motion to dismiss (ECF No. 7) WITHOUT PREJUDICE AS MOOT. Amphenol may re-file their motion to dismiss directed at the First Amended Complaint if they believe that such a motion is appropriate after reviewing that pleading.
IT IS SO ORDERED. 2