Opinion
21-cv-12823
03-07-2022
DOMINGO OROZCO, et al., Plaintiffs, v. FCA US, LLC, Defendant.
ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF No. 7) WITHOUT PREJUDICE AS MOOT
Hon. Matthew F. Leitman, Judge
On December 3, 2021, Plaintiffs Domingo Orozco and others filed this breach of warranty action against Defendant FCA US, LLC (“Chrysler”). (See Compl., ECF No. 1.) Plaintiffs allege, among other things, that the aluminum body panels on their Chrysler vehicles have corroded in violation of Chrysler's express warranties. (See id.) Chrysler then filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 7.)
On February 22, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting Plaintiffs leave to file a First Amended Complaint in order to remedy the alleged deficiencies in their claims identified by Chrysler in its motion to dismiss. (See Order, ECF No. 10.) The Court informed the parties that if Plaintiffs decided to file a First Amended Complaint, it would terminate Chrysler's motion to dismiss without prejudice. (See id.)
On March 3, 2022, Plaintiffs filed a notice with the Court that they intend to file a First Amended Complaint. (See Notice, ECF No. 12.) Accordingly, because Plaintiffs will be filing a First Amended Complaint, the Court TERMINATES Chrysler's motion to dismiss (ECF No. 7) WITHOUT PREJUDICE AS MOOT. Chrysler may re-file a motion to dismiss directed at the First Amended Complaint if it believes that such a motion is appropriate after reviewing that pleading.
IT IS SO ORDERED.