Opinion
Case No. 14-cv-12107
10-30-2014
OPINION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND FOR SUMMARY JUDGMENT WITHOUT PREJUDICE
Pending before the court is a Motion to Dismiss and for Summary Judgment, filed by Defendants on October 1, 2014. (Dkt. # 12.) On October 22, 2014, Plaintiff amended her complaint as of right. See Fed. R. Civ. P. 15 (a)(1)(B). This renders the original Complaint a nullity. Drake v. City of Detroit, 266 F. App'x 444, 448 (6th Cir. 2008). Accordingly,
IT IS ORDERED that Defendants' Motion to Dismiss and for Summary Judgment (Dkt. # 12) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the previously granted Motion for Leave to File Excess Pages applies to any motion filed in response to the First Amended Complaint.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 30, 2014 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, October 30, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522