Brown v. Lewis

District Court, E.D. Michigan

Brown v. Lewis

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JEDEDIAH BROWN,

Plaintiff, Case No. 25-cv-11225 Hon. Matthew F. Leitman v. LADEL LEWIS, et al.,

Defendants. __________________________________________________________________/ ORDER GRANTING PLAINTIFF LEAVE TO FILE A FIRST AMENDED COMPLAINT

On April 29, 2025, Plaintiff Jedediah Brown filed this action against the Defendants. (See Compl., ECF No. 1.) In his Complaint, Brown alleges that the Defendants violated his constitutional, statutory, and common law rights when he was removed from a Flint City Council meeting. (See id.) The Defendants have now filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Mot., ECF No. 20.) While Defendants raise several bases for their motion, one of their arguments is that Brown has failed to plead sufficient facts in support of at least some of his claims under the Supreme Court’s decisions in Ashcroft v. Iqbal,

556 U.S. 662, 678

(2009), and Bell Atlantic Corp. v. Twombly,

550 U.S. 544, 570

(2007). (See, e.g., id,, PageID.410.) Without expressing any view regarding the merits of the motion, the Court will grant Brown the opportunity to file a First Amended Complaint in order to

remedy the alleged deficiencies in his allegations. The Court does not anticipate allowing Brown another opportunity to amend to add factual allegations that he could now include in a First Amended Complaint. Simply put, this is Brown’s

opportunity to amend his allegations to cure the alleged deficiencies in his claims. By August 4, 2025, Brown shall file a notice on the docket in this action notifying the Court and the Defendants whether he will be filing a First Amended Complaint. If Brown provides notice that he will be filing a First Amended

Complaint, he shall file that amended pleading by no later than August 18, 2025. If Brown provides notice that he will not be filing a First Amended Complaint, he shall respond to the Defendants’ dispositive motion by no later than August 18, 2025.

Finally, if Brown provides notice that he will be filing a First Amended Complaint, the Court will terminate the Defendants’ currently-pending motion to dismiss without prejudice as moot. The Defendants may file a renewed dispositive motion directed at the First Amended Complaint if they believe that such a motion

is appropriate after reviewing that pleading. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN Dated: July 23, 2025 UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 23, 2025, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126

Reference

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