Blackwell Publishing, Incorporated et al v. Miller

Filing 40

RESPONSE to 35 MOTION for Default Judgment as to Norman Miller, Excel Research Group, LLC filed by Norman Miller, Excel Research Group, LLC. (Nacht, David)

Blackwell Publishing, Incorporated et al v. Miller

Doc. 40

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BLACKWELL PUBLISHING, INC., ELSEVIER, INC., OXFORD UNIVERSITY PRESS, INC., SAGE PUBLICATIONS, INC., and JOHN WILEY & SONS, INC., Plaintiffs, vs. EXCEL RESEARCH GROUP, LLC d/b/a EXCEL TEST PREPARATION, COURSEPACKS & COPIES and NORMAN MILLER, individually, Defendants. ______________________________________________________________________________ KARL V. FINK (P13429) DAVID A. NACHT (P47034) PEAR, SPERLING, EGGAN & DANIELS, P.C. NACHT & ASSOCIATES, P.C. Attorney for Plaintiffs Attorney for Defendants 24 Frank Lloyed Wright Drive 101 N. Main Street, Ste. 555 Ann Arbor, Michigan 48105 Ann Arbor, Michigan 48104 [phone] [phone] [e-mail]

Civil Action No. 07-CV-12731 Hon. Avern Cohn Mag. Virginia Morgan

DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT In response to Plaintiffs' Motion for Default Judgment, Defendants state the following reasons that Plaintiffs' Motion should be dismissed: According to Defendant Miller, there were two documents in the same envelope mailed from the Court. The second document was the notice of the status conference to be held on October 8, 2008. Inadvertently, Mr. Miller did not see the document that notified him to appear at the status conference until the deadline had passed.

Dockets.Justia.com

Defendants acted diligently to obtain new counsel.

In fact, new counsel for both

Defendants filed an appearance on October 31, 2008. Thus, Defendants were only unrepresented for two-and-a-half weeks. WHEREFORE, for the reasons stated above and those in the accompanying brief, Defendants respectfully request that this Court deny Plaintiffs' Motion for Default. Respectfully submitted, NACHT & ASSOCIATES, P.C. s/David A. Nacht ___________________ DAVID A NACHT (P47034) Attorney for Defendants 101 N. Main Street Ann Arbor, Michigan 48104 [phone] [e-mail] Dated: November 5, 2008

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CERTIFICATE OF SERVICE I hereby certify that on November 5, 2008, my paralegal, Courtney L. Ceci, electronically filed the foregoing documents with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Karl V. Fink and Amy C. Mainelli Burke. Respectfully submitted, NACHT & ASSOCIATES, P.C. s/David A. Nacht_____________ DAVID A. NACHT (P47034) Attorney for Defendants 101 N. Main Street, Ste. 555 Ann Arbor, MI 48104 [phone] [e-mail] Dated: November 5, 2008

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