ORDER REMANDING CASE TO WAYNE COUNTY, MICHIGAN CIRCUIT COURT DAVID M. LAWSON, District Judge. Plaintiff Kenyatta Bantom filed a lawsuit against defendant DTE Energy Company in the Wayne County, Michigan circuit court, alleging retaliatory discharge against public policy, negligent discharge, defamation, and intentional infliction of emotional distress. On August 10, 2011, the defendant removed the action to this Court alleging federal question jurisdiction under 28 U.S.C. 1331. The...
ORDER GRANTING IN PART JOINT MOTION SEEKING JUDICIAL DETERMINATION OF RIGHT TO HELD PAYMENT PURSUANT TO TEMPORARY AGREEMENT, MICHIGAN LAW, AND PARTIES' TENTATIVE SETTLEMENT AGREEMENT DAVID M. LAWSON, District Judge. This matter is before the Court on the plaintiffs' and defendants' joint motion seeking a judicial determination of their rights to a fund of money identified by the parties as the "Held Payment." That fund was created under an agreement made by the plaintiffs and defendants to...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DENISE PAGE HOOD, District Judge. This matter is before the Court on Defendant City of Utica's Motion for Summary Judgment [Docket No. 9, filed on May 18, 2010]. On June 8, 2010, Plaintiff filed a Response to Defendant's Motion for Summary Judgment [Docket No. 14], to which Defendant filed a Reply [Docket No. 15, filed on June 14, 2010]. This matter is also...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT GEORGE CARAM STEEH, District Judge. I. INTRODUCTION Plaintiff, Remark, LLC (Remark) brings this action pursuant to the Copyright Act, 17 U.S.C. 101 et seq. and the Lanham Act, 15 U.S.C. 1125 et seq. against defendant, Adell Broadcasting Corporation d/b/a WADL-TV (Adell), for allegedly infringing upon Remark's copyrighted television commercials, which Remark...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS BY REAL ESTATE ONE, INC., DENYING MOTION TO DISMISS BY DEFENDANTS TIMOTHY BAKER, KEYAPPRAISERS.COM, LLC, AND OWNERREALTY.COM, AND GRANTING MOTION TO DISMISS BY DEFENDANT JP MORGAN CHASE BANK DAVID M. LAWSON, District Judge. Ronnie Duke, it is alleged, masterminded and executed a scheme between 2003 and 2007 to defraud banks and other mortgage lenders of money by creating phony real estate transactions and financing...
MEMORANDUM ORDER FOLLOWING BENCH TRIAL STEPHEN J. MURPHY, III, District Judge. In January 2007, Watson Wyatt & Company ("Watson Wyatt") agreed in principle to settle claims brought by the Iron Workers Local No. 25 Pension Fund ("Fund") and its board of trustees. Pursuant to the settlement, Watson Wyatt agreed to pay the Fund $110 million in exchange for a release of all liability and dismissal of all claims with prejudice. Under the fee agreement in place between the Fund and its counsel—...
ORDER DENYING DEFENDANT'S MOTION FOR A REDUCTION IN SENTENCE [313] ARTHUR J. TARNOW, Senior District Judge. Before the Court is Defendant's Motion for a Reduction in Sentence [313]. In conducting its review of this matter, the Court has been concerned with whether the Bureau of Prisons exercised the discretion it possesses and considered reasons other than Defendant's own medical condition in determining whether Defendant was entitled to compassionate release. Upon review of the record, the...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DOC. 207] GEORGE CARAM STEEH, District Judge. This matter is before the court on defendants', Sears, Roebuck and Co., Sears Home Improvement Products, Inc. and Sears Holdings Corporation, motion for summary judgment. Oral argument was heard on defendants' motion on November 10, 2010. For the reasons stated below, defendants' motion for summary judgment is granted, and plaintiffs' complaint is dismissed in its entirety. FACTS Sears...
OPINION AND ORDER GRANTING MOTION TO REMAND DAVID M. LAWSON, District Judge. This matter is before the Court on the plaintiff's motion to remand the case to the Wayne County, Michigan circuit court, where it was filed originally. The plaintiff brought an action to lay claim to the proceeds of a policy insurance on the life of Farrell Partlow, issued by General Motors Corporation as an employee benefit. The insurer, Metropolitan Life Insurance Company (Met Life), agreed to pay the proceeds to...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND GRANTING DEFENDANTS' MOTION TO DISMISS THOMAS L. LUDINGTON, District Judge. This case involves competing claims to jurisdiction — more precisely, the lack thereof. The Saginaw Chippewa Indian Tribe of Michigan filed suit in this Court to enjoin the National Labor Relations Board from applying the National Labor Relations Act, 29 U.S.C. 151-69, to the Tribe's casino operations....
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND FOR JUDGMENT ON THE PLEADINGS THOMAS L. LUDINGTON, District Judge. This dispute arises out of the planned opening of a bikini bar. The case began after a company that wishes to open an establishment named "Tini Bikinis" was denied a liquor license by a municipality because, the municipality concluded, the establishment did not comply with the zoning ordinance prohibiting "adult related" businesses within...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT THOMAS L. LUDINGTON, District Judge. Plaintiff James Newsome brought this action under the Family & Medical Leave Act ("FMLA"), 29 U.S.C. 2601 et seq., alleging that Young Supply Company, Staffing Source Personnel, Inc. d/b/a Driver Source, Inc., and Driver Source, Inc. (collectively, "Defendants") violated his job restoration rights under the FMLA when they refused to restore his original job position as a truck driver, or an...
OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW, REMITTITUR, AND STAY, AND GRANTING IN PART PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND PREJUDGMENT INTEREST DAVID M. LAWSON, District Judge. Defendant Mark Somers has moved to set aside a jury verdict finding that he violated plaintiff Julie Pucci's federal constitutional rights, or, failing that, to reduce the damage award against him. The plaintiff opposes the motion and seeks attorney's fees and costs under 42 U....
OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND DAVID M. LAWSON, District Judge. Before the Court is a motion by the plaintiff to remand this case to state court. The plaintiff, Mt. Clemens Auto Center, Inc. d/b/a Hyundai of Jackson, filed this action in the Jackson County, Michigan circuit court. The plaintiff seeks declaratory and injunctive relief prohibiting the defendant from terminating an automobile dealership agreement until January 31, 2012. The defendant, Hyundai Motor...
OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE COMPLAINT, GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' COUNTERCLAIMS, AND DIRECTING DEFENDANTS TO SHOW CAUSE WHY THIRD-PARTY CLAIMS SHOULD NOT BE DISMISSED ROBERT H. CLELAND, District Judge. In December 2009, Defendant Chesterfield Development Co. ("Chesterfield") defaulted on a commercial mortgage loan held by Plaintiff 51382 Gratiot Avenue Holdings, LLC ("Gratiot"). Plaintiff subsequently...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DAVID M. LAWSON, District Judge. Plaintiffs Sally Hilden and Jerome Flynn were employed as medical technologists in the microbiology laboratory at the Hurley Medical Center in Flint, Michigan. Part of their duties was to receive swabs containing specimens collected from patients at area doctors' offices and try to grow bacteria to identify infectious organisms. Hurley Medical Center furnishes kits the doctors can use to...
OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS, AND GRANTING MARTIN G. MCNULTY'S MOTION TO DISMISS COUNTERCLAIM PAUL D. BORMAN, District Judge. This matter is before the Court on Reddy Ice Holdings, Inc. and Reddy Ice Corporation's ("Reddy Ice") Motion to Dismiss (Dkt. No. 27), The Home City Ice Company's ("Home City") Motion to Dismiss (Dkt. No. 28), Arctic Glacier Income Fund, Arctic Glacier Inc. and Arctic Glacier International Inc.'s ("Arctic Glacier") Motion to Dismiss (Dkt....
OPINION PATRICK J. DUGGAN, District Judge. On March 11, 2010, Plaintiff American University of Antigua College of Medicine ("AUA") filed this lawsuit against Defendant Steven L. Woodward ("Woodward"), seeking to quiet his complaints about AUA and shut down his internet website with the domain name www.aua-med.com where many of his complaints are being published. AUA alleges the following claims against Woodward in its Complaint: (I) trademark infringement in violation of the Lanham Act,...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT THOMAS L. LUDINGTON, District Judge. This employment dispute arises out of a medical examination administered to Plaintiff Shelly Garlitz as a condition of her accepting employment with Defendant Alpena Regional Medical Center. It is undisputed that the examination did not go well; the dispute centers on why Defendant then rescinded its offer of employment to Plaintiff. Plaintiff contends that it...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiff Brandon Neel commenced this action in this Court on April 30, 2010, seeking reimbursement from his father and step-grandmother, Defendants David Edward Evans and Beverly Carolyn Sewell, for physical and emotional injuries he allegedly suffered when a trash bag containing an aerosol can exploded after being placed on a fire while Plaintiff was assisting in disposing...
