Opinion
21-cv-11316
02-08-2022
SPINE & JOINT SURGICAL INSTITUTE OF MICHIGAN SOUTHFIELD LLC, Plaintiff, v. SURGICAL CENTER OF SOUTHFIELD, LLC, et al., Defendants.
ORDER GRANTING PLAINTIFF LEAVE TO FILE A FIRST AMENDED COMPLAINT
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.)
On August 25, 2021, Defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 16.) One of Defendants' primary bases for dismissal is that S&J has failed to plead sufficient facts to state viable claims under the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) and failed to plead specific facts to support claims of fraud under Federal Rule of Civil Procedure 9(b). (See id., PageID.151-156, 159-165.)
After the motion was fully briefed, it was transferred to the undersigned from another Judge of this Court. (See Order of Disqualification, ECF No. 27.) The Court then set a hearing on the motion to dismiss for March 15, 2022. (See Notice of Hearing, ECF No. 28.)
Without expressing any view regarding the merits of the motion to dismiss, the Court will grant S&J the opportunity 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. The Court does not anticipate allowing S&J another opportunity to amend to add factual allegations that it could now include in its First Amended Complaint. Simply put, this is S&J's opportunity to allege any and all additional facts, currently known to it, that may cure the alleged deficiencies in its claims.
By February 15, 2022 , S&J shall file a notice on the docket in this action notifying the Court and the Defendants whether it will amend the Complaint. If S&J provides notice that it will be filing a First Amended Complaint, it shall file that amended pleading by no later than March 1, 2022 . If S&J files a First Amended Complaint, the Court will terminate without prejudice Defendants' currently-pending motion to dismiss as moot and will cancel the scheduled hearing on that motion.
If S&J provides notice that it will not be filing a First Amended Complaint, the Court will proceed with the hearing on March 15, 2022, as scheduled.
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 February 8, 2022, by electronic means and/or ordinary mail.