United States District Court, E.D. Michigan, Southern Division
CHARLES N. KAMINSKI, et al., Plaintiffs,
BRAD COULTER, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFFS' MOTION TO FILE FIRST AMENDED AND VERIFIED
HONORABLE GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE.
before the Court is the Plaintiffs' Motion to File First
Amended and Verified Complaint, filed on July 5, 2016. This
matter is fully briefed and the Court concludes that oral
argument will not aid in the disposition of this matter.
Accordingly, the Court will resolve the present motion on the
submitted briefs. See E.D. Mich. L.R. 7.1(f)(2). For
the reasons that follow, the Court will grant in part and
deny in part Plaintiffs' Motion to File First Amended and
August 8, 2015, Plaintiffs filed a Complaint alleging that
various Defendants had violated their constitutional rights
under the Contract clause, the Due Process Clause and the
First Amendment. The Complaint alleged damages stemming from
the appointment of an Emergency Manager, Defendant Brad
Coulter, for the City of Lincoln Park and Coulter's
subsequent orders replacing retiree healthcare with stipends.
of responding to the Complaint, the Police and Fire
Retirement Commission Defendants, the Municipal Employees
Retirement Commission Defendants and the State Treasurer
Defendants moved to dismiss the Complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6).
5, 2016, this Court issued an Opinion and Order on the
parties' pending Rule 12(b)(6) motions. Relevant to the
instant motion, the Court dismissed Count II, or
Plaintiffs' First Amendment right to petition the
Government claim in its entirety. The Court's Opinion and
Order concluded that Plaintiffs failed to state a First
Amendment claim because they did not allege that they have
been prevented from petitioning the Government. See
Dkt. No. 79 at 16.
LAW & ANALYSIS
Standard for Amendments
Rule of Civil Procedure 15 governs the amendment of
pleadings. It states in relevant part:
Amendments Before Trial.
Amending as a Matter of Course. A
party may amend its pleading once as a matter of course
(A) 21 days after serving it,
(B) if the pleading is one to which a responsive pleading is
required, 21 days after service of a responsive pleading or
21 days after service of a motion under Rule ...