ORDER SATISFYING COURT'S SHOW CAUSE ORDER AND FINDING REMOVAL JURISDICTION EXISTED AT THE TIME OF REMOVAL NANCY G. EDMUNDS, District Judge. Defendant Ocwen Loan Servicing, LLC has removed this matter from Macomb County Circuit Court asserting fraudulent joinder and alleging diversity jurisdiction under 28 U.S.C. 1332. Defendants GMAC Mortgage, LLC; Homecomings Financial, LLC; Fifth Third Bank; CitiMortgage, Inc.; OneWest Bank, FSB; and Suntrust Mortgage, Inc. (collectively "Concurring...
ORDER GRANTING DEFENDANT'S MOTION TO QUASH GRAND JURY SUBPOENA FOR DEFENDANT'S TESTIMONY BASED ON HIS FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION PAUL D. BORMAN, District Judge. BACKGROUND On December 10, 2009, the Federal Grand Jury issued an indictment charging Defendant Thomas Joseph Kirschner with three felony counts: COUNT ONE: 18 U.S.C. 2252A(a)(2)(A)—Receipt of Child Pornography on or about May 9, 2009, "including by computer." COUNT TWO: 18 U.S.C. 2252A(a)(2)(A)—...
ORDER DENYING DEFENDANT'S FOURTH MOTION TO DISMISS OR FOR SUMMARY JUDGMENT DAVID M. LAWSON, District Judge. Before the Court is a motion filed by the defendant, which she styles as a motion to dismiss or for summary judgment "regarding plaintiff's recently added retaliation claim." The gist of the motion is that the Court recently allowed the plaintiff to add a theory of liability on the eve of trial, and the plaintiff never filed a grievance on that claim to exhaust his administrative...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT STEPHEN J. MURPHY, III, District Judge. This is an action for breach of contract, conversion, tortious interference with contract, unjust enrichment and accounting. The action is brought by Oak Street Funding, LLC, a Delaware limited liability company, against two individuals, Lynn S. Ingram and Paul Murphy, and their insurance company 360 Risk Management, Inc. ("360"). The matter comes before the Court on...
ORDER GRANTING IN PART DEFENDANTS BRIDGEFIELD MORTGAGE CORPORATION'S AND MORTGAGE ELECTRONIC REGISTRATION SYST[CN]EMS, INC.'S MOTION TO DISMISS GERALD E. ROSEN, District Judge. I. INTRODUCTION The matter is presently before the Court on Defendants Bridgefield Mortgage Corporation's, f/k/a ResMAE Mortgage Corporation, and Mortgage Electronic Registration Systems, Inc.'s (collectively referred to as "the Bank Defendants") motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1),...
ORDER GRANTING ATTORNEY GENERAL'S MOTION TO DISMISS AND DISMISSING COMPLAINT FOR LACK OF JURISDICTION THOMAS L. LUDINGTON, District Judge. On February 2, 2010, Plaintiffs Gary Glenn, Levon Yuille, Ren Ouellette, and James Combs filed a complaint [Dkt. # 1] against U.S. Attorney General Eric H. Holder, Jr., challenging the constitutionality of the criminal provisions of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act ("Hate Crimes Act"), 18 U.S.C. 249(a)(2). The Hate...
OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION [5] ARTHUR J. TARNOW, Senior District Judge. I. INTRODUCTION Plaintiffs have filed this case claiming constitutional violations in the way Defendants have processed the petitions seeking to place the question of the recall of Mayor Walling on the November 2, 2010 ballot. Plaintiffs also claim that the challenge to their recall petitions filed by the entity "Friends of Dayne Walling" was invalid, as it was not filed by...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GEORGE CARAM STEEH, District Judge. I. INTRODUCTION Plaintiff, Tommy Alexander, brings this action pursuant to the Fair Debt Collection Practices Act, (FDCPA), 15 U.S.C. 1692 et seq., alleging that defendant, Blackhawk Recovery and Investigation, LLC (Blackhawk), violated the FDCPA in its attempts to repossess a 2006 Chevrolet Trail Blazer from Alexander. Additionally, Alexander brings a state law claim under the Michigan...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DAVID M. LAWSON, District Judge. On May 2, 2006, a federal magistrate judge issued a warrant authorizing agents of the Federal Bureau of Investigation to search "Suite 218" of a certain office building in Southfield, Michigan for evidence of fraud in connection with mortgage loan activity by three companies known as Collage Financial Services, Inc., Jem Marketing, Inc., and Challenge Mortgage, Inc. When they arrived, FBI...
OPINION AND ORDER DENYING PLAINTIFFS' AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND SCHEDULING STATUS CONFERENCE DAVID M. LAWSON, District Judge. Before the Court are the parties' cross-motions for summary judgment. The plaintiffs, who are multi-employer pension plans, seek to impose the withdrawal liability of a group of bankrupt companies that supplied painting services to industrial customers upon three private equity limited partnerships and their common financial advisor under...
OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR AN ORDER INVALIDATING DEFENDANTS' CLAIMS OF PRIVILEGE, GRANTING DEFENDANTS' MOTION IN LIMINE, AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' EXPERT WITNESS REPORT DAVID M. LAWSON, District Judge. Presently before the Court are three evidentiary motions, two dealing with the disclosure by the defendants to the plaintiffs' attorneys of documents in paper and electronic format that the defendants argue are...
OPINION AND ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND SETTING CASE MANAGEMENT DEADLINES DAVID M. LAWSON, District Judge. Plaintiff Prestige Capital Corporation provides non-traditional financing to business ventures. In 2006, Prestige entered into an agreement to purchase the accounts receivable of a Michigan business with recourse, and also obtained the personal guarantees of the defendants as security for the potential recourse obligation. Prestige has brought...
OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION LAWRENCE P. ZATKOFF, District Judge. This matter is before the Court on Magistrate Judge Komives's Report and Recommendation [dkt. 10], in which the Magistrate Judge recommends that the Court deny Petitioner's petition for writ of habeas corpus, and grant in part and deny in part a certificate of appealability. Petitioner has filed objections to the Report and Recommendation [dkt. 11], and...
OPINION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND DENYING AS MOOT PLAINTIFFS' MOTION TO COMPEL DISCOVERY MARK A. GOLDSMITH, District Judge. I. INTRODUCTION This is a purported class action involving claims for breach of contract, fraud, misrepresentation, promissory estoppel, unjust enrichment, RICO, and civil conspiracy. The named Plaintiffs are Carrie McCluskey, Evelyn Reisdorff, and Jaime Yanez (collectively, "Plaintiffs"). Plaintiffs sue...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING OTHER MOTIONS, AND DISMISSING CASE DAVID M. LAWSON, District Judge. The plaintiff filed a complaint alleging three causes of action that arose from her termination from employment by defendant Henry Ford Macomb Hospital Corporation (Ford Hospital) on June 8, 2008. Before the Court is the defendant's motion for summary judgment, which attacks all of the plaintiff's claims. The plaintiff's response does not address...
OPINION AND ORDER CONDITIONALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS ARTHUR J. TARNOW, Senior District Judge. This matter is before the Court on Petitioner Arthur Bell's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Bell challenges his convictions for first-degree felony murder and possession of a firearm during commission of a felony. The Court finds that the state court's decision regarding Bell's Brady claim was an unreasonable application of Supreme Court...
OPINION AND ORDER CONDITIONALLY GRANTING AMENDED PETITION FOR A WRIT OF HABEAS CORPUS ARTHUR J. TARNOW, District Judge. Michigan prisoner Roy Blackmon ("Petitioner") has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 following a return to the state courts on remand from the United States Court of Appeals for the Sixth Circuit. 1 Petitioner was convicted of second-degree murder, two counts of assault with intent to do great bodily harm, and felony firearm...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO AFFIRM THE PLAN ADMINISTRATOR AND DENYING PLAINTIFF'S MOTION TO REVERSE THE PLAN ADMINISTRATOR DAVID M. LAWSON, District Judge. Several years ago, plaintiff Norvelle Lee was employed in the sheet metal industry as a welder and was a member of two union locals that were affiliated with Sheet Metal Workers International Association (SMWIA). As a union member, the plaintiff became entitled to benefits, including pension benefits, now administered...
ORDER (1) AUTHORIZING RECEIVER TO SELL PROPERTY OF UFE INCORPORATED, BEING ALL OF ITS SHAREHOLDER INTEREST IN UFE PTE LTD, A SINGAPORE COMPANY, (2) APPROVING AND CONFIRMING SALE OF PROPERTY FREE AND CLEAR OF ANY AND ALL LIENS, MORTGAGES, CLAIMS, SECURITY INTERESTS AND OTHER ENCUMBRANCES OF ANY KIND OR TYPE, AND TRANSFERRING THEM TO THE NET PROCEEDS OF SALE, (3) FOR WAIVER OF APPRAISALS AND PUBLICATION, AND (4) GRANTING RELATED RELIEF GEORGE CARAM STEEH, District Judge. This matter is before...
OPINION AND ORDER GRANTING IN PART PLAINTIFF'S EMERGENCY MOTION FOR CONTEMPT DAVID M. LAWSON, District Judge. The plaintiff has filed a motion seeking a finding that the defendants are in contempt of a provision of a consent judgment enjoining activity that infringes on a trademark and service mark owned by the plaintiff. The defendants have offered no evidence or argument that they are unable to comply with the judgment's requirements or that they have not committed the infringing acts....
