Guaranty Residential Lending, Incorporated v. Homestead Mortgage Company, L. L. C.

Filing 216

ORDER holding in abeyance re 171 MOTION for Preliminary Injunction filed by Homestead Mortgage Company, L. L. C., Bob Fitzner, 182 Amended MOTION for Summary Judgment and Injunctive Relief filed by Homestead Mortgage Company, L. L. C., Bob Fitzner. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
GUARANTY RESIDENTIAL LENDING, INC., a Nevada Corporation, and ASSURAFIRST FINANCIAL COMPANY, a Michigan corporation, d/b/a HOMESTEAD USA and HOMESTEAD MORTGAGE, Plaintiffs, Counter-Defendants, Cross-Plaintiffs, v. HOMESTEAD MORTGAGE COMPANY, L.L.C., a Michigan limited liability company, Defendant, Counter-Plaintiff, BOB FITZNER d/b/a HOMESTEAD MORTGAGE CO., Counter-Plaintiff, CrossDefendant. ___________________________________ / ORDER HOLDING IN ABEYANCE ALL PARTIES' PENDING MOTIONS UNTIL THE COURT RULES ON COUNTER-DEFENDANTS' EMERGENCY MOTIONS Currently, Cross-Defendant/Counter-Plaintiff Bob Fitzner and Defendant/CounterPlaintiff Homestead Mortgage L.L.C. (collectively, "Defendants/Counter-Plaintiffs") have a Motion for Preliminary Injunction (Dkt. 171) and an Amended Motion for Summary Judgment and Injunctive Relief (Dkt. No. 182) pending before this Court. In addition, Plaintiff/CounterDefendant Guaranty Residential Lending Inc. and Plaintiff/Counter-Defendant AssuraFirst Financial Company (collectively, "Plaintiffs/Counter-Defendants") have a Motion to Dismiss or 1

Civil Case Number: 04-CV-74842 PAUL D. BORMAN UNITED STATES DISTRICT COURT

Alternatively, Motion for Summary Judgment (Dkt. No. 186), Motion for Summary Judgment (Dkt. No. 184), and a Motion for Summary Judgment as to Monetary Relief (Dkt. No. 187) pending before the Court. Defendants'/Counter-Plaintiffs' Motion for Preliminary Injunction is scheduled for hearing on May 15, 2009 and Defendants'/Counter-Plaintiffs' Amended Motion for Summary Judgment and Injunctive Relief and Plaintiffs'/Counter-Defendants' Motion to Dismiss, or Alternatively Motion for Summary Judgment and Motion for Summary Judgment are scheduled for hearing on May 28, 2009. On March 25, 2009, Plaintiffs/Counter-Defendants filed an (1) Emergency Motion for Denial of Defendants's/Counter-Plaintiffs' First Amended Motion for Summary Judgment, Attorneys' Fees, and to Re-Open Discovery, and (2) an Emergency Motion Under Fed. R. Civ. P. 12(f) and 37 to Strike, to Dismiss the July 5, 2005 Counterclaims, and to Compel Discovery from Fitzner (collectively "Emergency Motions"). (Dkt. No. 196 & 197). The Court has referred the Emergency Motions to Magistrate Judge Majzoub. (Dkt. No. 214). Because the Emergency Motions involve issues critical to the other five motions pending before the Court, the Court ORDERS that the other five pending Motions be held in abeyance until the Court rules on the Emergency Motions. The Court FURTHER ORDERS that the Counter-Defendants' Motion for Preliminary Injunction (Dkt. No. 171) be addressed in concert with, and at the same time as, Plaintiffs'/Counter-Defendants' Amended Motion for Summary Judgment and Injunctive Relief (Dkt. No. 182) because the latter motion fully addresses the preliminary injunction factors and not simply the disagreement over any alleged stipulated preliminary injunction, like the former motion. Accordingly, the Court withdraws the hearings set on May 15, 2009 and May 28, 2009

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for the aforementioned motions and will set a new hearing date once a determination on the Emergency Motions has been made. SO ORDERED.

s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: May 1, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on May 1, 2009. s/Denise Goodine Case Manager

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