Allen v. Whitmer

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LYN ALLEN and CINCINNATUS, LLC,

Plaintiffs, Case No. 20-CV-11020 vs. HON. GEORGE CARAM STEEH

GRETCHEN WHITMER, in her personal capacity,

Defendant. _____________________________/

ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT [ECF No. 11]

This matter is before the court on defendant Governor Gretchen Whitmer’s motion to dismiss under Fed R. Civ. P. 12(b)(1) and 12(b)(6) which was filed on June 24, 2020 [ECF No. 11]. Plaintiffs Lyn Allen and Cincinnatus, LLC filed an amended complaint on July 14, 2020 [ECF No. 16]. Federal Rule of Civil Procedure 15(a)(1)(B) provides that plaintiffs may amend their complaint as a matter of course and without leave of court within twenty-one days after service of a motion under Rule 12(b). Given that plaintiffs filed their amended complaint within twenty-one days after defendant’s filing, the amended complaint supersedes the previous complaint and controls the case. Calhoun v. Bergh, 769 F.3d 409, 410

(6th Cir. 2014). Therefore, the court denies defendant’s motion to dismiss as moot. So ordered.

Dated: July 17, 2020

s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on July 17, 2020, by electronic and/or ordinary mail.

s/Brianna Sauve Deputy Clerk