Sunseri, et al v. Proctor, et al

Filing 920080818


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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 08a0501n.06 Filed: August 18, 2008 No. 07-1715 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JACK SUNSERI; CONSOLIDATED PARTNERS, LIMITED, Plaintiffs-Appellants, v. PHYLLIS PROCTOR; CONRAD PROCTOR; DAVID PROCTOR ; CONRAD A. PROCTOR FAMILY TRUST; PHYLLIS PROCTOR FAMILY TRUST; ANDERSONPROCTOR TRUST; PHYLLIS D. PROCTOR TRUST; ANDERSON-PROCTOR FAMILY LIMITED PARTNERSHIP; PROCTOR, LLC; ANDERSON-PROCTOR, LLC, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Before: DAUGHTREY, COOK, and FARRIS,* Circuit Judges. COOK, Circuit Judge. In order to enforce a prior judgment against general partnership Macro Cellular Partners ("Macro"), plaintiffs Jack Sunseri and Consolidated Partners, Ltd. (collectively, "Sunseri"), seek to reach the individual assets of defendant partners (collectively, the "Proctors") unnamed in the original suit. The district court granted summary judgment for the The Honorable Jerome Farris, Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation. * No. 07-1715 Sunseri, et al. v. Proctor, et al. Proctors, concluding that Sunseri's claims against the Proctors accrued with the claims against the partnership and the relevant statutes of limitations now barred the action. Review of the briefs and record counsels us to agree with the district court. Because a separate opinion would add little to the district court's analysis, we affirm the court's judgment, adopting its reasoning.

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