Commodities Export Company v. Detroit, City of et al

Filing 130

ORDER Setting Briefing Deadlines and Hearing Date, ( Motion For Voluntary Dismissal to be filed by 5/2/2011, Responses due by 5/16/2011 and hearing is set for 5/25/2011 at 2:00 pm) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

COMMODITIES EXPORT COMPANY,
Plaintiff/Counter-Defendant,
v.

Case No. 09-11060

CITY OF DETROIT,
Defendant,
and
UNITED STATES OF AMERICA,
Defendant/Cross-Claimant,
and
DETROIT INTERNATIONAL BRIDGE
COMPANY,
Defendant/Counter-Plaintiff/CrossDefendant.
/
ORDER SETTING BRIEFING DEADLINES AND HEARING DATE
On April 20, 2011, counsel appeared in this matter for a status conference.
Plaintiff’s counsel indicated that Plaintiff did not want to pursue any remaining claims in
this action, and instead wanted to dismiss all claims, presumably with prejudice. All
counsel appeared to be in agreement on this course of action, with the exception of
counsel for Detroit International Bridge Company (“DIBC”), who indicated some
reservations with a dismissal. Because the parties have not agreed to a voluntary
dismissal, Plaintiff cannot dismiss this action without a court order. See Fed. R. Civ. P.

41(a)(2). The court will therefore set a briefing schedule for the contemplated motion to
dismiss.
Additionally, during the conference, the parties also discussed the entry of an
injunction in accordance with the court’s June 29, 2010, order granting the United
States’s motion for summary judgment. The court directed the United States to
circulate a proposed order to all counsel. The court will address the proposed order,
and any objections, at the upcoming hearing. Accordingly,
IT IS ORDERED that Plaintiff shall file its motion for voluntary dismissal by May
2, 2011. Any responses to the motion, by DIBC or any other party, shall be filed by May
16, 2011. The United States may, but need not, file a response. The court will conduct
a hearing on the motion on May 25, 2011, at 2:00 p.m.
Counsel are further DIRECTED to be prepared to discuss the entry of the United
States’s proposed injunction at the May 25, 2011, hearing.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: April 22, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 22, 2011, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
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