Pillow v. Henry ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAWRENCE PILLOW, Plaintiff, Case No. 20-CV-11360 vs. HON. GEORGE CARAM STEEH JOSHUA HENRY, et al, Defendants. _____________________________/ ORDER DENYING DEFENDANT HENRY’S MOTION TO DISMISS AS MOOT [ECF No. 6] This matter is before the court on defendant Joshua Henry’s motion to dismiss under Fed R. Civ. P. 12(b)(6) which was filed on June 18, 2020 [ECF No. 6]. Plaintiff Lawrence Pillow filed an amended complaint on June 30, 2020, in which he clarified his claims and added two defendants [ECF No. 10]. Federal Rule of Civil Procedure 15(a)(1)(B) provides that a plaintiff may amend his or her 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 plaintiff filed his amended complaint within twenty-one days after 1 Henry’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 Henry’s motion to dismiss as moot. So ordered. Dated: July 16, 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 16, 2020, by electronic and/or ordinary mail. s/Brianna Sauve Deputy Clerk 2