Filed: Jun. 19, 2019
Latest Update: Jun. 19, 2019
Summary: ORDER GRANTING PLAINTIFF LEAVE TO AMEND ITS COMPLAINT MATTHEW F. LEITMAN , District Judge . On April 15, 2019, Plaintiff Safa Al-Zuad filed this civil-rights action against the City of Dearborn, several unnamed "John Doe" police officers employed by the City of Dearborn, and his neighbor Robert Lewis Cleveland. ( See Compl., ECF #1.) On June 12, 2019, Cleveland moved to dismiss Al-Zaud's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ( See Cleveland Mot., ECF #6.) Clevel
Summary: ORDER GRANTING PLAINTIFF LEAVE TO AMEND ITS COMPLAINT MATTHEW F. LEITMAN , District Judge . On April 15, 2019, Plaintiff Safa Al-Zuad filed this civil-rights action against the City of Dearborn, several unnamed "John Doe" police officers employed by the City of Dearborn, and his neighbor Robert Lewis Cleveland. ( See Compl., ECF #1.) On June 12, 2019, Cleveland moved to dismiss Al-Zaud's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ( See Cleveland Mot., ECF #6.) Clevela..
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ORDER GRANTING PLAINTIFF LEAVE TO AMEND ITS COMPLAINT
MATTHEW F. LEITMAN, District Judge.
On April 15, 2019, Plaintiff Safa Al-Zuad filed this civil-rights action against the City of Dearborn, several unnamed "John Doe" police officers employed by the City of Dearborn, and his neighbor Robert Lewis Cleveland. (See Compl., ECF #1.) On June 12, 2019, Cleveland moved to dismiss Al-Zaud's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Cleveland Mot., ECF #6.) Cleveland argues, among other things, that the Complaint does not plead sufficiently detailed or specific factual allegations and is, therefore, defective for failing to state a plausible claim under the Supreme Court's decision in Ashcroft v. Iqbal, 556 U.S. 662 (2009). (See id.) On June 18, 2019, the City of Dearborn also filed a motion to dismiss in which it argued that the Court "must" dismiss the Complaint because Al-Zaud "fail[ed] to do much more than provide `bare assertions' that amount to nothing more than an `unadorned, thedefendant-unlawfully-harmed-me accusation." (City of Dearborn Mot., ECF #7 at Pg. ID 67, quoting Iqbal, 556 U.S. at 678, 681.)
Without expressing any view regarding the merits of the motions to dismiss, the Court will grant Al-Zuad the opportunity to file a First Amended Complaint in order to remedy the purported pleading defects in the Complaint. The Court does not anticipate allowing Al-Zuad another opportunity to amend to add factual allegations that he could now include in its First Amended Complaint. Simply put, this is Al-Zuad's opportunity to allege any and all additional facts, currently known to him, that may cure the alleged pleading deficiencies in the Complaint.
By July 3, 2019, Al-Zuad shall notify the Court and Defendants in writing whether he will amend the Complaint or respond to the motions to dismiss. If Al-Zuad provides notice that he will be filing a First Amended Complaint, he shall file that amended pleading by no later than July 19, 2019, and Defendants shall answer or otherwise respond to it by no later than August 19, 2019. Upon the filing of a First Amended Complaint, the Court will terminate without prejudice Defendants' currentlypending motions to dismiss as moot. If Al-Zuad provides notice that he will not be filing a First Amended Complaint, Al-Zuad shall file his responses to the pending motions to dismiss in time period allowed by the Court's Local Rules.
IT IS SO ORDERED.