UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

BRET BODIN, ET AL. CIVIL ACTION

VERSUS NO: 25-329

THE CITY OF NEW ORLEANS SECTION: "A" (5)

ORDER & REASONS

Before the Court is a Motion to Dismiss (Rec. Doc. 20), filed by Defendant, the City of New Orleans (“the City”). This matter broadly concerns legal challenges to certain city ordinances governing short-term housing rentals and short-term rental platforms. On February 14, 2025, Bret Bodin, Darian Morgan, Brad Newell, Michael Rosas, Mid- City Mike Rentals, LLC, and Airbnb, Inc. (collectively, “Plaintiffs”) sued the City, claiming that its ordinances violate the state and federal constitutions as well as various federal statutes.1 The City subsequently filed the instant motion to dismiss on April 2, 2025.2 In response to the City’s motion—and to a recently amended city ordinance—Plaintiffs amended their complaint.3 The amended complaint expressly notes that it “updates and expands on the factual background provided in the original Complaint . . . .”4 “[W]hen an amended complaint alleges more specific facts, the motion to dismiss an earlier version of the complaint may be denied as moot.”5

1 See generally Rec. Doc. 1. 2 Rec. Doc. 20. 3 Rec. Doc. 21. 4 Id. ¶ 2 (“Yesterday, April 21, 2025—two-and-a-half months after Plaintiffs filed suit and one day before Plaintiffs’ due date for opposing the City’s motion to dismiss the suit—the city amended the 2024 Ordinance.”), ¶ 3. 5 Primus v. Paretti, No. 24-165,

, at *2 (E.D. La. Nov. 26, 2024), report and recommendation adopted,

(E.D. La. Dec. 12, 2024) (Barbier, J.); see also Jefferson Cmty. Health Care Ctrs., Inc. v. Jefferson Par. Gov't, No. 16-12910,

, at *2 (E.D. La. Aug. 22, 2016) (noting it would be more Accordingly; IT IS ORDERED that the Motion to Dismiss (Rec. Doc. 20), filed by the City of New Orleans, is DENIED as moot. IT IS FURTHER ORDERED that Defendant is permitted to refile its motion in a timely manner making any changes as necessary to address the amended complaint. April 23, 2025 CR: oF ay (ren HES recs JUDGE

efficient to deny pending motions to dismiss as moot and allow defendants to file renewed motions addressing the amended complaint).