OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND (DKT. 45) AND DISMISSING CASE TERRENCE G. BERG, District Judge. SFS Check, LLC ("Plaintiff" or "SFS") brings this action against First Bank of Delaware ("Defendant" or "FBD") and nine of FBD's directors and officers (the "Individual Defendants") for negligence and fraud. Plaintiff now seeks leave to file a Second Amended Complaint; Defendant has responded, arguing that granting Plaintiff leave to file its proposed Second...
DEFAULT JUDGMENT LAWRENCE P. ZATKOFF, District Judge. This matter having come before the Court on Plaintiff's Motion for Entry of Default Judgment as to all Defendants Except Timothy A. Westerdale resulting from Defendants, General Oil Company Incorporated, Orbis Properties, L.L.C., Waste Compliance Services, Inc., GOC Services, Inc., d/b/a EIS, Inc., and General, LLC having failed to answer Plaintiff's Complaint within the time period allowed, and the Court being otherwise fully advised in...
OPINION INCORPORATING AND EXPANDING ON REASONS FOR RESENTENCING GIVEN ON THE RECORD ARTHUR J. TARNOW, Senior District Judge. I. Background On March 3, 2009, the United States filed an information charging Defendant Rufus Robinson with a single count of possession of child pornography in violation of title 18 U.S.C. 2552A(a)(5). On March 18, 2009, Mr. Robinson pled guilty to this charge without a plea agreement. On June 17, 2009, this Court held a sentencing hearing for Mr. Robinson....
ORDER GRANTING DEFENDANT GILLS'S MOTION TO SUPPRESS (Dkt. 233) MARK A. GOLDSMITH, District Judge. I. INTRODUCTION Defendant Leon Gills filed a motion to suppress (Dkt. 233), seeking to exclude the evidence referenced in paragraph 66 of Count I of the Amended First Superseding Indictment (Dkt. 191), including a quantity of crack cocaine, a digital scale, and $300 cash. Gills argues that the warrant was invalid because the affidavit supporting it failed to establish probable cause and the...
OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Dkt. No. 12) PAUL D. BORMAN, District Judge. This civil rights case arises from circumstances surrounding Plaintiff Ronald Sweatt's ("Plaintiff") arrest following a domestic assault on May 24, 2010. The complaint was filed on May 23, 2012. (Dkt. No. 1). Now before the Court is Defendant Officer Brent Doxtader's ("Officer Doxtader") Motion for Summary Judgment filed on March 1, 2013. (Dkt. No. 12). Plaintiff responded on...
ORDER AND OPINION GRANTING PLAINTIFF LEGATUS'S MOTION FOR PRELIMINARY INJUNCTION ROBERT H. CLELAND, District Judge. Legatus, a non-profit Catholic-faith oriented organization, initially moved for preliminary injunction on August, 15, 2012, together with Weingartz Supply Company and Daniel Weingartz, a for-profit business and its owner, under the Religious Freedom Restoration Act ("RFRA"). On October 31, 2012, 901 F.Supp.2d 980 (E.D.Mich. 2012), the court granted a preliminary injunction as...
ORDER AFFIRMING DECISION OF BANKRUPTCY COURT STEPHEN J. MURPHY, III, District Judge. The matter before the Court is an appeal by Stavenkan Fund, Inc. ("Stavenkan") from an order of the bankruptcy court in favor of the Chapter 7 trustee. For the following reasons, the Court will affirm the decision of the bankruptcy court. BACKGROUND The present dispute arises from Stavenkan's assertion of interest in four parcels of property located in Flint, Michigan (the "Flint properties") to which the...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiffs Garden City Education Association (the "GCEA"), a union representing education professionals employed by Defendant School District of the City of Garden City (the "School District"), and Juana Cozza and Robert Nutt, tenured teachers and former employees of the School District, filed this action in the Wayne County Circuit Court alleging violations of the...
OPINION AND ORDER AFFIRMING BANKRUPTCY COURT'S ORDER DENYING APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE GERALD E. ROSEN, Chief Judge. I. INTRODUCTION In the course of the Chapter 7 bankruptcy proceedings involving Debtor Connolly North America, LLC, three unsecured creditors — Appellants Mediofactoring and Coface Argentina, as well as Curtiembre Arlei, S.A. — sought the removal of Chapter 7 trustee Mark H. Shapiro. The Bankruptcy Court granted the creditors' request in an...
OPINION AND ORDER GRANTING THE PETITION FOR WRIT OF HABEAS CORPUS ARTHUR J. TARNOW, Senior District Judge. Alexander Aceval, ("Petitioner"), filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition challenges his June 7, 2006, Wayne Circuit Court guilty plea conviction of possession with intent to deliver 1,000 or more grams of cocaine. MICH. COMP. LAWS 333.7401(2)(a)(i). Petitioner was sentenced under the terms of his plea bargain to 10-to-15 years...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PATRICK J. DUGGAN, District Judge. This lawsuit arises from Plaintiff's dismissal from the University of Michigan's doctoral program in November 2007, after he failed to complete his dissertation within six years of becoming a candidate. The matter presently is before the Court on Defendants' motion for summary judgment, filed pursuant to Federal Rule of Civil Procedure 56 on August 1, 2013. The motion has been fully briefed...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS (Dkt. 14) TERRENCE G. BERG, District Judge. Plaintiff Roger Maxwell is suing his former employer, the Postmaster General of the United States ("the Postmaster"), for gender discrimination and retaliation in violation of Title VII. The case is now before the Court on Defendant's Motion to Dismiss (Dkt. 14). The parties have fully briefed the motion and the Court heard oral argument on November 13, 2013. For the reasons...
DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 43) AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 33) AND DISMISSING CASE AVERN COHN, District Judge. TABLE OF CONTENTS I. Introduction................................................................864 II. Background..................................................................864 A. Delphi and Old GM.......................................................864 B. Agreements Relating to Retiree...
STIPULATED PROTECTIVE ORDER AS TO DOCUMENTS PRODUCED BY PLAINTIFF AND OTHER DOCUMENTS ROBERT H. CLELAND, District Judge. Defendants having served its First Request for Production of Documents and Interrogatories dated August 9, 2013, Plaintiff having produced documents in response to said discovery requests, and the Court being fully advised in the premises. IT IS HEREBY ORDERED: 1. Until further Order of this Court, the foregoing documents produced by Plaintiff shall be deemed to be...
STIPULATED PROTECTIVE ORDER ROBERT H. CLELAND, District Judge. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, applicable E.D. Local Rules, the Court's authority, and the stipulation of the parties, IT IS HEREBY ORDERED that a party or a non-party (the "producing party") may designate information, documents, or things as "Confidential" under the following terms and conditions: 1. Any document, information, or thing may be designated "Confidential" if it is in good faith...
MEMORANDUM AND ORDER DISMISSING COUNT I FOR DECLARATORY JUDGMENT AVERN COHN, District Judge. I. A. This is a civil rights case under 42 U.S.C. 1983. The claims arise out of an incident at Comerica Park where the plaintiff father inadvertently gave his 7-year-old plaintiff son a "Mike's Hard Lemonade," an alcoholic beverage, at a Tiger game. A series of events then took place which resulted in the plaintiff son being placed in foster care over a weekend. The facts are explained in detail...
MEMORANDUM AND ORDER SEVERING COUNT I AGAINST DEFENDANT CORRIGAN AND DENYING DEFENDANT HARTSFIELD'S MOTION TO DISMISS (Doc. 63) AND GRANTING DEFENDANT'S HOLBROOK'S AND TURNER'S MOTION FOR SUMMARY JUDGMENT (Doc. 64) AVERN COHN, District Judge. I. INTRODUCTION This is a civil rights case under 42 U.S.C. 1983. The claims arise out of an incident at Comerica Park where the plaintiff father inadvertently gave his 7-year-old plaintiff son a "Mike's Hard Lemonade," an alcoholic beverage, at a...
OPINION AND ORDER (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PATRICK J. DUGGAN, District Judge. This lawsuit arises from a fire at the Gratiot-Mayfield Market in Detroit, Michigan, and Plaintiffs' claim for coverage for the resulting loss under an insurance policy issued by Defendant Travelers Casualty Insurance Company of America ("Travelers"), Policy of Insurance #I-680-2642N436-ACJ-11 ("the...
JOINT STIPULATED PROTECTIVE ORDER MARK A. GOLDSMITH, District Judge. To expedite the flow of discovery materials, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that only materials the parties are entitled to keep confidential are subject to such treatment, and to ensure that the parties are permitted reasonably necessary uses of such materials in...
STIPULATED PROTECTIVE ORDER At a session of said court held in the City of Detroit, County of Wayne, State of Michigan on November 15, 2013 ROBERT H. CLELAND, District Judge. Based upon the stipulation of the parties, as evidenced by the signatures of their attorneys below: IT IS HEREBY ORDERED THAT: 1. Designation of Materials as Confidential. Any party in this matter may designate as "Confidential" such documents and/or information produced by them or by any third party during the...
