Rosebrough v. Bannum Place, Inc., 18-cv-10222. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190206c24
Visitors: 23
Filed: Feb. 05, 2019
Latest Update: Feb. 05, 2019
Summary: ORDER GRANTING DEFENDANT'S MOTION FOR FIRST AMENDMENT OF AFFIRMATIVE DEFENSES (ECF #30) MATTHEW F. LEITMAN , District Judge . On January 16, 2019, Defendant Bannum Place, Inc. filed a motion to amend its affirmative defenses in this action. ( See Mot., ECF #30.) More specifically, Bannum Place says that it recently uncovered "Hold Harmless Agreement[s]" that "potentially insulate [it] from all or some of the claims presented in [P]laintiffs' lawsuit." ( Id. at Pg. ID 173.) Bannum Place t
Summary: ORDER GRANTING DEFENDANT'S MOTION FOR FIRST AMENDMENT OF AFFIRMATIVE DEFENSES (ECF #30) MATTHEW F. LEITMAN , District Judge . On January 16, 2019, Defendant Bannum Place, Inc. filed a motion to amend its affirmative defenses in this action. ( See Mot., ECF #30.) More specifically, Bannum Place says that it recently uncovered "Hold Harmless Agreement[s]" that "potentially insulate [it] from all or some of the claims presented in [P]laintiffs' lawsuit." ( Id. at Pg. ID 173.) Bannum Place th..
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ORDER GRANTING DEFENDANT'S MOTION FOR FIRST AMENDMENT OF AFFIRMATIVE DEFENSES (ECF #30)
MATTHEW F. LEITMAN, District Judge.
On January 16, 2019, Defendant Bannum Place, Inc. filed a motion to amend its affirmative defenses in this action. (See Mot., ECF #30.) More specifically, Bannum Place says that it recently uncovered "Hold Harmless Agreement[s]" that "potentially insulate [it] from all or some of the claims presented in [P]laintiffs' lawsuit." (Id. at Pg. ID 173.) Bannum Place therefore asks the Court to allow it to amend its affirmative defenses "to add that [P]laintiffs' claims are barred by the Hold Harmless Agreement signed by each [Plaintiff]." (Id. at Pg. ID 174.) Plaintiffs oppose the motion on the ground that the proposed amendment is futile because the Hold Harmless Agreements are unenforceable. (See Resp., ECF #31.)
The Court will rule on the validity and enforceability of the Hold Harmless Agreements on summary judgment. Accordingly, the Court will GRANT Bannum Place's motion to amend its affirmative defenses. The Court takes no position, at this time, as to the viability of Bannum Place's newly-added affirmative defense.
IT IS SO ORDERED.
Source: Leagle
