Villaflor v. State Farm Mutual Automobile Insurance Company

Filing 205

ORDER Regarding "Mend the Hold" Doctrine. Signed by District Judge Bernard A Friedman. (Goltz, D)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICARDO VILLAFLOR, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. ______________________________________/ ORDER REGARDING "MEND THE HOLD" DOCTRINE On April 16, 2010, the Court ordered the parties to brief the issue of the applicability of the "mend the hold" doctrine to the present case. The parties submitted their briefs, which the Court has reviewed. The Court finds that Plaintiff's contention regarding the applicability of the "mend the hold" doctrine should have been brought to the Court's attention long ago, during the period set aside for dispositive motion practice, and is untimely. Additionally, the Court holds that its prior rulings in this matter regarding admissibility of evidence and arguments are applicable, and will affirm such rulings. SO ORDERED. DATED: May 4, 2010 s/Bernard A. Friedman BERNARD A. FRIEDMAN UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail disclosed on the Notice of Electronic Filing on May 4, 2010. s/Deborah J. Goltz DEBORAH J. GOLTZ Case Manager Case No. 07-13939 HON. BERNARD A. FRIEDMAN 1

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