Opinion
21-cv-10499
10-20-2021
ORDER TERMINATING AS MOOT DEFENDANTS' (1) MOTION FOR ADDITIONAL PAGES FOR ITS MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. 16) AND (2) MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. 16)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On February 1, 2021, Plaintiff Hello Farms Licensing MI LLC filed this breach of contract action against Defendants GR Vending MI, LLC and CURA MI, LLC in the Arenac County Circuit Court. (See Compl., ECF No. 1-1.) Defendants later removed the action to this Court (see Notice of Removal, ECF No. 1) and filed a Counterclaim against Hello Farms. (See Counterclaim, ECF No. 9.) On August 25, 2021, Hello Farms filed (1) an ex parte motion for additional pages for its motion for judgment on the pleadings (ECF No. 16) and (2) a motion for judgment on the pleadings directed at Defendants' Counterclaim (ECF No. 17).
The Court entered an order on August 26, 2021, in which it provided Defendants an opportunity to file a First Amended Counterclaim to address the purported defects in its Counterclaim. (See Order, ECF No. 18.) The Court informed the parties that if Defendants filed such a First Amended Counterclaim, it would terminate Hello Farms' initial motion for judgment on the pleadings as moot. (See id.)
Defendants have now filed a First Amended Counterclaim. (See First Am. Counterclaim, ECF No. 22.) And Hello Farms has filed an Answer in response to that pleading. (See Answer, ECF No. 25.) Accordingly, the Court TERMINATES AS MOOT AND WITHOUT PREJUDICE Defendants' (1) ex parte motion for additional pages (ECF No. 16) and (2) motion for judgment on the pleadings directed at Defendants' initial Counterclaim (ECF No. 17).
IT IS SO ORDERED.