Opinion
19-cv-11905
03-22-2022
KEVIN LINDKE, Plaintiff, v. HON. CYNTHIA A. LANE, et al., Defendants.
ORDER (1) TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF NO. 34) WITHOUT PREJUDICE AS MOOT AND (2) GRANTING PLAINTIFF LEAVE TO FILE A THIRD AMENDED COMPLAINT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Currently pending before the Court are Plaintiff Kevin Lindke's claims against Defendant Mat King as pleaded in the Second Amended Complaint. (See Sec. Amended Compl., ECF No. 21.) King moved to dismiss the claims against him in that pleading on March 31, 2020. (See Mot. to Dismiss, ECF No. 34.)
Lindke's claims are brought against King in his official capacity as Sherriff of St. Clair County. The motion to dismiss was filed by King's predecessor as Sherriff, Timothy Donnellon. (See Mot. to Dismiss, ECF No. 34.) The parties agree that King, as current Sherriff, is the proper Defendant in this action.
During an on-the-record status conference held on March 22, 2022, Lindke indicated that in light of developments that occurred after the filing of his Second Amended Complaint, he wishes to file a Third Amended Complaint. The Court agreed to allow him to do so and therefore GRANTS him leave to amend to file that pleading. Lindke need not file his Third Amended Complaint until further order of the Court after the United States Court of Appeals for the Sixth Circuit issues its opinion in Lindke v. Donnellson, Sixth Cir. Case No. 21-2612.
Given the Court's decision to allow Lindke to file a Third Amended Complaint, King's currently-pending motion to dismiss directed at the claims against him in the Second Amended Complaint is effectively moot. The Court therefore TERMINATES that motion WITHOUT PREJUDICE AS MOOT. To be clear, while Lindke's claims against King in the Second Amended Complaint technically remain pending at this time, King need not file any response to those claims. Nor will the Court enter a default and/or default judgment against King for failing to file such a response. King retains any and all rights to raise any defenses he wishes to the Third Amended Complaint once that pleading is filed.
Accordingly, for the reasons explained above, IT IS HEREBY ORDERED as follows:
• Lindke is GRANTED leave to file a Third Amended Complaint;
• Lindke shall not file his Third Amended Complaint until further order of the Court following the Sixth Circuit's ruling in Lindke v. Tomlinson, Sixth Cir. Case No. 21-2612;
• King's motion to dismiss the claims against him raised in the Second Amended Complaint (ECF No. 34) is TERMINATED WITHOUT PREJUDICE AS MOOT; and
• The Court will schedule a status conference with the parties for approximately 45 days from now to discuss setting a schedule for the filing of the Third Amended Complaint.
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 March 22, 2022, by electronic means and/or ordinary mail.