Franklin Bank v. Tindall et al

Filing 181

ORDER granting 106 Motion for Summary Judgment; denying 107 Motion for Summary Judgment; denying 110 Motion for Summary Judgment; denying 117 Motion for Summary Judgment; denying 131 Motion for Summary Judgment; denying 139 Motion for Su mmary Judgment; denying 147 Motion for Summary Judgment; granting in part and denying in part 157 Motion for Summary Judgment; granting in part and denying in part 158 Motion for Summary Judgment. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANKLIN BANK, Plaintiff, v. MICHAEL EDWARD TINDALL, et al., Defendants. / TINDALL & CO., P.C., Counter-Plaintiff, v. FRANKLIN BANK, Counter-Defendant. _________________________________/ ORDER For the reasons set forth in an Opinion issued this date, IT IS ORDERED that Plaintiff's motion for partial summary judgment against Michael Tindall as Trustee of MART is GRANTED, and Plaintiff has a right to proceed to foreclosure and sale with respect to the property which is the subject of the mortgage referred to in Count I. IT IS FURTHER ORDERED that Plaintiff's motion for partial summary judgment with respect to Count IV is DENIED AS MOOT. Case No. 07-13748 Honorable Patrick J. Duggan

IT IS FURTHER ORDERED that Plaintiff's request for a declaratory judgment with respect to Count V is GRANTED. Defendant Cadieux's motion for summary judgment with respect to Count V is DENIED. IT IS FURTHER ORDERED that Plaintiff's motion for partial summary judgment as to Tindall & Co., P.C. with respect to Count VI is GRANTED as to liability. IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment as to Michael Tindall with respect to Count VII is GRANTED as to liability. IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment as to Counts VIII and IX, and Defendants' motions for summary judgment with respect to Counts VIII and IX of Plaintiff's complaint are DENIED. IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment as to Counts I-V of Tindall & Co., P.C.'s counter-claim is GRANTED. IT IS FURTHER ORDERED that all of Defendants' motions for summary judgment with respect to any and all counts of Plaintiff's complaint are DENIED. IT IS FURTHER ORDERED that any and all of Defendants' motions for summary judgment as to any and all counts in Defendants' counterclaim are DENIED. ____________________________ DATE: October 27, 2008 s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Sheri B. Cataldo Mark A. Chaban Michelle M. Wezner Chiara F. Mattieson Michael E. Tindall

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