Opinion
21-cv-11316
02-16-2022
SPINE & JOINT SURGICAL INSTITUTE OF MICHIGAN SOUTHFIELD LLC, Plaintiff, v. SURGICAL CENTER OF SOUTHFIELD, LLC, et al., Defendants.
ORDER (1) TERMINATING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE AS MOOT (ECF No. 16) AND (2) ADJOURNING SCHEDULED HEARING ON MOTION TO DISMISS
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On June 3, 2021, Plaintiff Spine & Joint Surgical Institute of Michigan Southfield LLC (“S&J”) filed this action against several Defendants. (See Compl., ECF No. 1.) S&J alleges, among other things, that Defendants breached the parties' contract and committed fraud. (See id.) Defendants then filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 16.)
On February 8, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting S&J leave to file a First Amended Complaint in order to remedy the alleged deficiencies in its claims identified by the Defendants in the motion to dismiss. (See Order, ECF No. 29.) The Court informed the parties that if S&J decided to file a First Amended Complaint, it would terminate Defendants' motion to dismiss without prejudice. (See id.)
On February 15, 2022, S&J filed a notice with the Court that it intends to file a First Amended Complaint. (See Notice, ECF No. 30.) Accordingly, because S&J will be filing a First Amended Complaint, the Court (1) TERMINATES Defendants' motion to dismiss (ECF No. 16) WITHOUT PREJUDICE AS MOOT and (2) ADJOURNS the previously-scheduled March 15, 2022, hearing on that motion. (See Notice of Hearing, ECF No. 28.) Defendants may re-file a motion to dismiss directed at the First Amended Complaint if they believe that such a motion is appropriate after reviewing that pleading.
IT IS SO ORDERED.