Opinion
24-cv-12646
11-26-2024
VTP RIVER WOODS LLC, et al., Plaintiffs, v. CITY OF YPSILANTI, Defendant.
ORDER TERMINATING DEFENDANT'S MOTION TO DISMISS (ECF No. 8) AS MOOT
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On October 7, 2024, Plaintiffs VTP River Woods LLC and VTP Arbor One LLC (collectively, “Plaintiffs”) filed this civil-rights action against Defendant City of Ypsilanti (the “City”). (See Compl., ECF No. 1.) The City thereafter filed a motion to dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot. to Dismiss, ECF No. 8.)
On November 13, 2024, without expressing any view regarding the merits of the motion to dismiss, the Court issued an order granting Plaintiffs leave to file a First Amended Complaint in order to remedy the alleged deficiencies in their claims identified by the City in its motion to dismiss. (See Order, ECF No. 9.) The Court informed the parties that if Plaintiffs provided notice that they intended to file a First Amended Complaint, the Court would terminate the City's motion to dismiss without prejudice. (See id.)
On November 25, 2024, Plaintiffs filed a Notice with the Court in which they informed the Court that they intend to file a First Amended Complaint. (See Notice, ECF No. 10.) In light of Plaintiffs' Notice, the Court TERMINATES the City's pending motion to dismiss (ECF No. 8) AS MOOT. The City may file a renewed motion to dismiss, directed at the First Amended Complaint, if appropriate, after that pleading is filed.
IT IS SO ORDERED.