JPMorgan Chase Bank, N.A. v. Winget et al

Filing 265

ORDER DENYING Defendant's 244 Motion to Amend Their Affirmative Defenses. Signed by District Judge Avern Cohn. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JP MORGAN CHASE BANK, N.A., Plaintiff/Counter-Defendant, v. Case No. 08-13845 LARRY WINGET and the LARRY WINGET LIVING TRUST, HON. AVERN COHN Defendants/Counter-Plaintiffs. ___________________________________/ ORDER DENYING DEFENDANTS’ MOTION TO AMEND THEIR AFFIRMATIVE DEFENSES (Doc. 244) This is a commercial finance dispute. JPMorgan Chase Bank, N.A. (Agent) is the Administrative Agent for a group of lenders that extended credit to Venture Holdings Company, LLC (Venture) under a Credit Agreement. The Agent is suing Larry Winget and the Larry Winget Living Trust to enforce a Guaranty and two Pledge Agreements which guaranteed and secured the obligations of Venture, a company owned and controlled by Winget and/or the Winget Trust. Before the Court is defendants’ motion to amend their affirmative defense to include “failure to join a necessary party.” For the reasons stated on the record at the hearing on May 21, 2012, the motion is DENIED. SO ORDERED. Dated: May 22, 2012 s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was sent to parties of record on May 22, 2012 electronically and/or by U.S. mail. s/Michael Williams Relief Case Manager to the Honorable Avern Cohn 2

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