Opinion
23-cv-12078
04-03-2024
TINA DIGAETANO, Plaintiff, v. BLUE CROSS BLUE SHIELD OF MICHIGAN, Defendant.
ORDER TERMINATING DEFENDANT'S INITIAL MOTION FOR JUDGMENT ON THE PLEADINGS (ECF NO. 11) WITHOUT PREJUDICE AS MOOT
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On August 14, 2023, Plaintiff Tina DiGaetano filed this employment discrimination action against Blue Cross Blue Shield of Michigan. (See Compl., ECF No. 1.) Blue Cross thereafter filed a Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). (See Mot., ECF No. 11.)
On March 27, 2024, without expressing any view regarding the merits of the Motion for Judgment on the Pleadings, the Court issued an order granting DiGaetano leave to file a First Amended Complaint in order to remedy the alleged deficiencies in her claims identified by Blue Cross. (See Order, ECF No. 14.) The Court informed the parties that if DiGaetano provided notice that she intended to file a First Amended Complaint, the Court would terminate Blue Cross' Motion for Judgment on the Pleadings without prejudice. (See id.)
On April 1, 2024, DiGaetano filed both a Notice that she intended to file a First Amended Complaint and a First Amended Complaint. (See Notice, ECF No. 14; First Am. Compl., ECF No. 15.) Accordingly, the Court TERMINATES Blue Cross' initial Motion for Judgment on the Pleadings (ECF No. 11) WITHOUT PREJUDICE AS MOOT.
IT IS SO ORDERED.