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

Filing 224

ORDER granting in part 197 Motion to Dismiss,,, Motion to Strike,,, Motion to Compel,, filed by Guaranty Residential Lending, Incorporated, Assurafirst Financial Company, 196 Motion for Attorney Fees,, Motion for Miscellaneous Relief, filed by Guaranty Residential Lending, Incorporated, Assurafirst Financial Company, adopting 223 Report and Recommendation, 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 ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION IN FAVOR OF (1) RE-OPENING DISCOVERY FOR SIXTY DAYS TO ALLOW PLAINTIFFS/COUNTER-DEFENDANTS TO CONDUCT LIMITED DEPOSITIONS AND (2) ORDERING COUNTER-PLAINTIFF BOB FITZNER TO PAY PLAINTIFF'S COUNSEL REASONABLE COSTS AND ATTORNEYS FEES OF THE LIMITED DEPOSITIONS Before the Court is the Magistrate Judge's June 18, 2009 Report and Recommendation in favor of granting in part and denying in part Plaintiffs'/Counter-Defendants' Combined Emergency Motion for Denial of Counter-Plaintiffs' First Amended Motion for Summary Judgment, Attorneys' Fees under Fed. R. Civ. P. 56(f)(1), and to Re-open Discovery under Fed. 1

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

R. Civ. P. 16(b)(4), (Dkt. No. 196), and Plaintiffs'/Counter-Defendants' 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 Counter-Plaintiff Fitzner. (Dkt. No. 197). Having reviewed that Report and Recommendation, and there being no objections, the Court enters as its findings and conclusions of the Report and Recommendation in favor of (1) GRANTING Plaintiffs/Counter-Defendants sixty days from today's date to depose the two 2006 licensees of the Mark and to depose Counter-Plaintiff Bob Fitzner, limited to the issues of the 2006 licences; and (2) ORDERING Bob Fitzner to pay Plaintiffs'/Counter-Defendants' counsel the reasonable expenses incurred by Plaintiffs' counsel in taking these three depositions, including reasonable attorney fees. SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: July 31, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on July 31, 2009. S/Denise Goodine Case Manager

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