Michael D. Jarrus and Linda Jarrous v. Governor of Michigan, et al.

CourtDistrict Court, E.D. Michigan
DecidedNovember 7, 2025
Docket4:25-cv-11168
StatusUnknown

This text of Michael D. Jarrus and Linda Jarrous v. Governor of Michigan, et al. (Michael D. Jarrus and Linda Jarrous v. Governor of Michigan, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael D. Jarrus and Linda Jarrous v. Governor of Michigan, et al., (E.D. Mich. 2025).

Opinion

SOUTHERN DIVISION

MICHAEL D. JARRUS and LINDA JARROUS,

Plaintiffs, Case No. 25-11168-FKB-APP

v. District Judge F. Kay Behm Magistrate Judge Anthony P. Patti

GOVERNOR OF MICHIGAN, ET AL,

Defendants. /

OMNIBUS ORDER ADDRESSING ALL PENDING MOTIONS EXCEPT ECF NOS. 162 AND 163, SETTING DEADLINE TO FILE AN AMENDED PLEADING, AND STAYING DISCOVERY

Plaintiff Michael D. Jarrus and Linda Jarrous,1 proceeding in pro per, filed this action on April 23, 2025. (ECF No. 1.) Judge F. Kay Behm referred the matter to me on May 1, 2025 “for all pretrial proceedings, including a hearing and determination of all non−dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B).” (ECF No. 20.) After filing their initial complaint, Plaintiffs began filing what can only be referred to as a deluge of motions, purported amended pleadings, and so-called “notices,” most of which are improper

1 Despite the similarity to their last names, Plaintiffs appear to spell their names slightly differently. attempts to request relief to which they are not entitled, and all of which have clogged up the docket and prevented the speedy progression of this case. After

reviewing the docket, the Court now issues the following rulings to resolve all pending motions and set relevant deadlines. I. Attempts to Amend the Complaint

Two months after initiating this lawsuit, Plaintiffs filed a motion for leave to file a first amended complaint. (ECF No. 23.) Plaintiff then immediately filed an Amended Complaint. (ECF No. 24.) Because a party is allowed to amend the complaint once as a matter of course under certain circumstances, which were met

in this case, no motion was required to amend the complaint at that stage and Plaintiffs earliest motion to amend (ECF No. 23) is DENIED AS MOOT. See Fed. R. Civ. P. 15(a)(1). However, the Amended Complaint was properly filed as

a matter of course, and therefore ECF No. 24 is HEREBY RECOGNIZED as the current operative pleading. Thereafter, Plaintiffs filed a series of notices, motions, and additional amended complaints, all aimed at amending the pleadings in some fashion, either

by striking portions, adding portions, clarifying portions, or wholly supplanting the pleadings. (See, e.g., ECF Nos. 47, 64, 65, 78, 85, 95, 98, 147, 156). Plaintiffs motions largely do not comply with the federal and local rules, as they attempt to

amend prior pleadings piecemeal and are unaccompanied by a proposed amended pleading, as required under the local rules. The frequent and repetitive motions to amend or “correct” prior pleadings have created mass confusion on the docket and

the Court therefore DENIES, as written, all pending motions related to amending or supplanting the pleadings (ECF Nos. 64, 65, 78, 85, 95, 147, 156). However, the Court is cognizant of Plaintiffs’ pro se status and recognizes

that Plaintiffs are attempting to amend the pleadings to streamline the proceedings. The Court is also aware that this litigation is still in its infancy. Accordingly, the Court will sua sponte allow Plaintiffs one final opportunity to amend their complaint. No motion need be filed, but Plaintiffs will need to file their final,

complete, amended pleading by the Court-imposed deadline. In making this decision, the Court takes into consideration that, under Fed. R. Civ. P. 15(a), a party may amend its pleadings at this stage of the proceedings

only after obtaining leave of court. The Rule provides that the court should freely give leave for a party to amend its pleading “when justice so requires.” Fed. R. Civ. P. 15(a)(2). “Nevertheless, leave to amend ‘should be denied if the amendment is brought in bad faith, for dilatory purposes, results in undue delay or

prejudice to the opposing party, or would be futile.’” Carson v. U.S. Office of Special Counsel, 633 F.3d 487, 495 (6th Cir. 2011) (quoting Crawford v. Roane, 53 F.3d 750, 753 (6th Cir. 1995)). Rule 15(a) supports the “principle that cases should be tried on their merits” and not on technicalities, and thus “assumes ‘a liberal policy of permitting

amendments.’” Inge v. Rock Fin. Corp., 388 F.3d 930, 937 (6th Cir. 2004) (quoting Moore v. City of Paducah, 790 F.2d 557, 559 (6th Cir. 1986)). In determining whether to grant an amendment, the Court considers the reasons set forth in Foman

v. Davis, 371 U.S. 178, 182 (1962), where the Supreme Court stated that leave should be freely given, “[i]n the absence of any apparent or declared reason - - undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to

the opposing party by virtue of allowance of the amendment, futility of amendment, etc.” The Court also acknowledges that Fed. R. Civ. P. 1 calls for the Rules to “be construed, administered, and employed by the court and the parties to

secure the just, speedy and inexpensive determination of every action and proceeding.” The Court is persuaded that Plaintiffs are attempting in good faith to amend their complaint and thus will give them one final chance at arriving at their final

pleading. However, this case must proceed, and no further attempts shall be allowed. Plaintiffs shall file their final amended complaint by Monday, December 8, 2025. The final amended complaint must comply with Local Rule

15.1, which requires that “[a]ny amendment to a pleading, whether filed as a matter of course or upon a motion to amend, must . . . reproduce the entire pleading as amended, and may not incorporate any prior pleading by reference.”

(Emphasis added). As the Court of Appeals has explained, “[g]enerally, amended pleadings supersede original pleadings.” Hayward v. Cleveland Clinic Found., 759 F.3d 601, 617 (6th Cir. 2014) (citing 6 Charles Alan Wright & Arthur R. Miller,

Federal Practice and Procedure § 1476 (3d ed.2010)). Thus, when a plaintiff “file[s] an amendment to his original complaint after it has been served, any such amended complaint should be drafted to replace the one originally filed[.]” Perry v. Comm’r of Soc. Sec., No. 17-12718, 2017 U.S. Dist. LEXIS 140287, *3 (E.D.

Mich. Aug. 31, 2017). In other words, in their amended pleadings, Plaintiffs may not refer back to or “incorporate” prior pleadings or versions/snippets thereof. Accordingly, Plaintiffs’ final amended complaint must contain any and all claims

they intend to pursue, and the Court shall not look to any prior pleadings to define their claims.

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Related

Foman v. Davis
371 U.S. 178 (Supreme Court, 1962)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Carson v. United States Office of Special Counsel
633 F.3d 487 (Sixth Circuit, 2011)
James M. Jourdan, Jr. v. John Jabe and L. Boyd
951 F.2d 108 (Sixth Circuit, 1991)
Lloyd v. Crawford, III v. Jack A. Roane
53 F.3d 750 (Sixth Circuit, 1995)
Richard M. Yuhasz v. Brush Wellman, Inc.
341 F.3d 559 (Sixth Circuit, 2003)
Essex Hayward v. Cleveland Clinic Found.
759 F.3d 601 (Sixth Circuit, 2014)

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