McGrath et al v. Dunecrest Condominium Association, No. 3:2020cv00656 - Document 58 (N.D. Ind. 2022)
Court Description: OPINION AND ORDER: For the reasons set forth in the Opinion and Order, Defendant Dunecrest Condominium Association's 42 motion for summary judgment is DENIED AS MOOT. Signed by Chief Judge Jon E DeGuilio on 9/27/2022. (jss)
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McGrath et al v. Dunecrest Condominium Association Doc. 58 USDC IN/ND case 3:20-cv-00656-JD-MGG document 58 filed 09/27/22 page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MICHAEL MCGRATH, et al., Plaintiffs, v. Case No. 3:20-CV-656 JD DUNECREST CONDOMINIUM ASSOCIATION, et al., Defendants. OPINION AND ORDER On August 5, 2022, Plaintiffs file their third amended complaint. (DE 50.) This third amended complaint brings additional causes of action and names new defendants. (Id.) Prior to filing the third amended complaint, one of the Defendants, Dunecrest Condominium Association, moved for summary judgment. (DE 42.) Given the filing of the third amended complaint and that it contains new counts against the Dunecrest Condominium Association, the Court finds that the prior motion for summary judgment is moot. Such an approach is preferable to allowing the Dunecrest Condominium Association to file a second motion for summary judgment directed at the newly added claims, since that would result in a “piecemeal approach.” Keisler v. Encore Receivable Mgmt., Inc., No. 1:06-CV-912-JDT-WTL, 2007 WL 9752008, at *1 (S.D. Ind. Aug. 16, 2007) (“While Defendant could be given an opportunity to file a second motion for summary judgment directed at the newly added claims, this would lead to a piecemeal approach, which is disfavored.”); Malicki v. Leman USA, Inc., No. 17-CV-1674, 2018 WL 5650019, at *4 (E.D. Wis. Oct. 31, 2018) (“Furthermore, because Malicki will be allowed to amend the complaint, the defendant’s motion for summary judgment based on the original complaint will be dismissed as moot.”). Dockets.Justia.com USDC IN/ND case 3:20-cv-00656-JD-MGG document 58 filed 09/27/22 page 2 of 2 Accordingly, Defendant Dunecrest Condominium Association’s motion for summary judgment is DENIED AS MOOT. (DE 42.) SO ORDERED. ENTERED: September 27, 2022 /s/ JON E. DEGUILIO Chief Judge United States District Court 2
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