Opinion
21-cv-12964
05-12-2022
VB CHESANING LLC, Plaintiff, v. GHS INDUSTRIES, INC., et al., Defendants.
ORDER TERMINATING DEFENDANTS' MOTIONS TO DISMISS WITHOUT PREJUDICE AS MOOT (ECF NOS. 17, 18)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On December 20, 2021, Plaintiff VB Chesaning LLC filed this action against Defendants GHS Industries, Inc., Advanced Bakery Technology, LLC, and Qualex Manufacturing, LLC. (See Compl., ECF No. 1.) VB alleged, among other things, that Defendants “retained a deposit for, but failed to deliver and install vital hemp processing equipment despite the parties' agreed-upon and time-sensitive deadline of September 2021.” (Id. at ¶1, PageID.2.) Defendants thereafter moved to dismiss VB's claims. (See Mots., ECF Nos. 17, 18.)
On March 9, 2022, without expressing any view on the merits of the motion to dismiss, the Court entered an order granting VB leave to file a First Amended Complaint in order to remedy the alleged deficiencies in its claims identified by Defendants in their motions to dismiss. (See Order, ECF No. 19.) The Court informed the parties that if VB decided to file a First Amended Complaint, it would terminate Defendants' initially-filed motions to dismiss without prejudice. (See id.)
On March 30, 2022, VB filed a First Amended Complaint. (See First Am. Compl., ECF No. 22.) Defendants thereafter filed new motions to dismiss directed at that pleading. (See Mots., ECF Nos. 23, 24.) Accordingly, because VB has filed a First Amended Complaint, and Defendants have filed new motions to dismiss, the Court TERMINATES Defendants' initial motions to dismiss (ECF Nos. 17, 18) WITHOUT PREJUDICE AS MOOT.
IT IS SO ORDERED.