Opinion
22-cv-10030
03-09-2022
FEVO, INC., Plaintiff, v. SPINZO CORPORATION, Defendant.
ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF NO. 11) WITHOUT PREJUDICE AS MOOT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On January 6, 2022, Plaintiff Fevo, Inc. filed this action against Defendant Spinzo Corporation. (See Compl., ECF No. 1.) Fevo alleges, among other things, that Spinzo has engaged in “unfair and illegal competitive” behavior. (Id. at ¶6, PageID.3.) Spinzo then filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2), (5), and (6). (See Mot. to Dismiss, ECF No. 11.)
On February 22, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting Fevo leave to file a First Amended Complaint in order to remedy the alleged deficiencies in its claims identified by Spinzo in its motion to dismiss. (See Order, ECF No. 12.) The Court informed the parties that if Fevo decided to file a First Amended Complaint, it would terminate Spinzo's motion to dismiss without prejudice. (See id.)
On March 8, 2022, Fevo filed a notice with the Court that it intends to file a First Amended Complaint. (See Notice, ECF No. 13.) Accordingly, because Fevo will be filing a First Amended Complaint, the Court TERMINATES Spinzo's motion to dismiss (ECF No. 11) WITHOUT PREJUDICE AS MOOT. Spinzo may re-file a motion to dismiss directed at the First Amended Complaint if it believes that such a motion is appropriate after reviewing that pleading.
IT IS SO ORDERED.