Detroit Rehabilitation Initiatives, LLC v. AXIS Surplus Insurance Company

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DETROIT REHABILITATION INITIATIVES, LLC, Plaintiff, Case No. 21-cv-12924 Hon. Matthew F. Leitman v. AXIS SURPLUS INSURANCE COMPANY, et al., Defendants. __________________________________________________________________/ ORDER (1) TERMINATING DEFENDANT’S MOTION TO DISMISS (ECF No. 5) AS MOOT AND (2) GRANTING DEFENDANT LEAVE TO FILE MOTION TO DISMISS AMENDED COMPLAINT On November 10, 2021, Plaintiff Detroit Rehabilitation Initiatives, LLC, filed a Complaint against the Defendants in the Wayne County Circuit Court. (See Compl., ECF No. 1, PageID.6-15.) Defendants thereafter removed Detroit Rehabilitation’s action to this Court. (See Notice of Removal, ECF No. 1.) In addition, Defendant Maverick Investments, LLC filed a motion to dismiss. (See Mot. to Dismiss, ECF No. 5.) Maverick argues, among other things, that (1) Detroit Rehabilitation had not sought “any relief or allege[d] a cause of action” against it and (2) it had been “fraudulently joined [in this action] to defeat diversity jurisdiction.” (Id., PageID.145.) On January 17, 2021, Detroit Rehabilitation filed an Amended Complaint. (See Am. Compl., ECF No. 11.) The filing of the Amended Complaint moots Maverick’s pending motion to dismiss which is directed at the allegations in the initial Complaint. See, e.g., Crawford v. Tilley, 15 F.4th 752, 759 (6th Cir. 2021) (explaining that the “[t]he general rule is that filing an amended complaint moots pending motions to dismiss”). The Court therefore TERMINATES Maverick’s motion to dismiss (ECF No. 5) WITHOUT PREJUDICE. It further GRANTS Maverick leave to file a motion to dismiss the Amended Complaint. If Maverick chooses to file such a motion, it shall do so by no later than February 15, 2022. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 18, 2022 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 18, 2022, by electronic means and/or ordinary mail. s/ Holly A. Monda Case Manager (810) 341-9764