McNulty v. Reddy Ice Holdings, Incorporated et al

Filing 92

ORDER requiring response by 7/8/09 re 88 MOTION for Reconsideration re 84 Order on Motion to Dismiss,,,,,,,,,,, MOTION for Reconsideration re 84 Order on Motion to Dismiss,,,,,,,,,,, filed by Martin G McNulty. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
MARTIN G. MCNULTY Plaintiff, v. REDDY ICE HOLDINGS, INC., REDDY ICE CORPORATION, ARCTIC GLACIER INCOME FUND, ARCTIC GLACIER, INC., ARCTIC GLACIER INTERNATIONAL, INC., HOME CITY ICE COMPANY, INC., KEITH CORBIN, CHARLES KNOWLTON, JOSEPH RILEY, Defendants. ___________________________________/ ORDER REQUIRING DEFENDANTS REDDY ICE HOLDINGS, INC., REDDY ICE CORPORATION, HOME CITY ICE COMPANY, INC., AND JOSEPH RILEY TO RESPOND TO PLAINTIFF'S MOTION FOR RECONSIDERATION BY JULY 8, 2009 Plaintiff Martin G. McNulty ("Plaintiff") filed a Motion for Reconsideration on June 29, 2009, asking the Court to reverse its finding that Plaintiff has not adequately alleged the existence of a RICO enterprise as to defendants Reddy Ice Holdings, Inc., Reddy Ice Corporation, Home City Ice Company, Inc., and Joseph Riley in light of the U.S. Supreme Court's recent decision in Boyle v. United States, No. 07-1309, 2009 WL 1576571 (June 8, 2009) and to reinstate Plaintiff's RICO claims under 18 U.S.C. 1962(c) against those same defendants. Because of the potential implications that the Boyle decision has on the instant action, the Court ORDERS defendants Reddy Ice Holdings, Inc., Reddy Ice Corporation, Home City Ice Company, Inc., and Joseph Riley to respond to Plaintiff's Motion by July 8, 2009. Defendants Case Number: 08-CV-13178 JUDGE PAUL D. BORMAN UNITED STATES DISTRICT COURT

response briefs are to be limited to no more than five pages. No reply brief is needed from Plaintiff. SO ORDERED.

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

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