Opinion
22-cv-10699
06-17-2022
DR. JEFFERY M. GOLD, M.D., Plaintiff, v. MICHIGAN KIDNEY CONSULTANTS, P.C., et al., Defendants.
ORDER TERMINATING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE AS MOOT (ECF No. 16)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On April 1, 2022, Plaintiff Dr. Jeffery M. Gold, M.D. filed this action against Defendants Michigan Kidney Consultants, P.C. and others. (See Compl., ECF No. 1.) Dr. Gold alleges, among other things, that Defendants violated “anti-retaliation provisions of Michigan Medicaid False Claims Act, MCL § 400.610c; the False Claims Act, 31 USC § 3730; the Elliott-Larsen Civil Rights Act (“ELCRA”); and 42 USC § 1981.” (Compl. at ¶1, ECF No. 1, PageID.2.) Defendants thereafter moved to dismiss Dr. Gold's claims. (See Mot., ECF No. 16.)
On June 7, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting Dr. Gold leave to file a First Amended Complaint in order to remedy the alleged deficiencies in his claims identified by Defendants in their motion to dismiss. (See Order, ECF No. 20.) The Court informed the parties that if Dr. Gold provided notice that he intended to file a First Amended Complaint, the Court would terminate Defendants' motion to dismiss without prejudice. (See id.)
On June 16, 2022, Dr. Gold filed a notice with the Court that he intends to file a First Amended Complaint. (See Notice, ECF No. 21.) Accordingly, because Dr. Gold will be filing a First Amended Complaint, the Court TERMINATES Defendants' motion to dismiss (ECF No. 16) WITHOUT PREJUDICE AS MOOT. Defendants 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.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on June 17, 2022, by electronic means and/or ordinary mail.