Opinion
Case No. 12-13724
11-07-2012
FRED GORDON, et al., Plaintiffs, v. JOHN URBAHNS, Defendant.
HON. GEORGE CARAM STEEH
ORDER DENYING MOTION TO DISMISS (#12) AS MOOT
On August 22, 2012, plaintiffs filed this action against defendant alleging breach of fiduciary duty, breach of contract, contribution, and violations of Michigan statutes. On October 8, 2012, defendant filed a motion to dismiss. On October 29, 2012, plaintiffs filed an amended complaint. Federal Rule of Civil Procedure 15(a)(1)(B) allows a plaintiff to amend her complaint without leave within twenty-one days after service of a motion under Rule 12(b). The court believes the pending motion to dismiss is moot in light of the new pleading. Defendant may file a new motion within the applicable time limit. Accordingly,
IT IS HEREBY ORDERED that defendant's motion to dismiss is DENIED without prejudice as moot.
______________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 7, 2012, by electronic and/or ordinary mail.