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Leavells v. Kondaur Capital Corp.

United States District Court, Eastern District of Michigan, Southern Division

April 24, 2015

ANDREA LEAVELLS, Plaintiff,
v.
KONDUAR CAPITAL CORPORATION, Defendant.

ORDER TERMINATING MOTION TO DISMISS WITHOUT PREJUDICE

ROBERT H. CLELAND, UNITED STATES DISTRICT JUDGE

On March 18, 2015, Defendant filed a Motion to Dismiss. (Dkt. # 12.) On April 4, 2014, Plaintiff amended her complaint as of right. (Dkt. # 15.) This amendment rendered the original Complaint-and by extension, the Motion to Dismiss-nullities. See Hayward v. Cleveland Clinic Foundation, 759 F.3d 601, 617 (6th Cir. 2014); see also Drake v. City of Detroit, 266 F. App’x 444, 448 (6th Cir. 2008). Accordingly, Plaintiff need not have filed a Response to the Motion to Dismiss. Pursuant to the court’s grant of a joint motion for Extension of Time to File Answer, Defendant has until May 5, 2014 to answer or otherwise respond to the Amended Complaint.

IT IS ORDERED that Defendant’s Motion for Dismiss (Dkt. # 12) is TERMINATED WITHOUT PREJUDICE and Defendant shall answer or otherwise plead in response to Plaintiff’s Amended Complaint by May 4, 2015.


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