Experi-Metal Inc v. Comerica Bank

Filing 18

MOTION for Leave to File Excess Pages for Its Reply brief Supporting Its Summary Judgment Motion by Comerica Bank. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Todd Holleman letter) (Kapalla, Lara)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EXPERI-METAL, INC., a Michigan corporation, Plaintiff, v. COMERICA BANK, a foreign banking organization, Defendant. Richard B. Tomlinson (P27604) Daniel R. Boynton (P30359) Joseph W. Thomas (P33226) DRIGGERS, SCHULTZ & HERBST, P.C. Attorneys for Plaintiff 2600 West Big Beaver Road, Suite 550 Troy, MI 48084 [phone] [e-mail] Todd A. Holleman (P57699) Lara Lenzotti Kapalla (P67667) MILLER CANFIELD PADDOCK AND STONE, PLC Attorneys for Defendant 150 W. Jefferson, Suite 2500 Detroit, MI 48226 [phone] [e-mail] [e-mail] Case No. 2:09-CV-14890 Hon. Patrick J. Duggan

COMERICA BANK'S EX PARTE MOTION AND BRIEF TO EXTEND THE PAGE LIMIT FOR ITS REPLY BRIEF SUPPORTING ITS SUMMARY JUDGMENT MOTION

Under E.D. MICH. LR 7.1, Defendant Comerica Bank respectfully requests leave to file a seven page reply brief in support of its Motion for Summary Judgment. In support of this Motion, Comerica states the following facts: 1. Comerica filed a Motion for Summary Disposition, and Plaintiff has filed its response. Comerica's reply brief is due today, May 6, 2010. 2. Pursuant to Local Rule 7.1(c)(3), reply briefs may not exceed five pages in length. 3. In order to fully respond to Plaintiff's arguments in opposition to Comerica's Motion, Comerica has prepared a brief of seven pages in length. 4. Counsel for Comerica tried to contact Plaintiff's counsel by telephone, email, and fax to obtain concurrence in this Motion, but received no response. See Ex A. 5. Comerica respectfully requests leave to file a brief in excess of five pages, in order that it may fully respond to Plaintiff's arguments. 6. A proposed order granting an extension of the page limitation is submitted herewith. WHEREFORE, Comerica Bank respectfully requests leave to file a seven-page reply brief in support of its Motion for Summary Disposition. Respectfully submitted, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. Todd A. Holleman (P57699) Lara Lenzotti Kapalla (P67667) By: s/Lara Lenzotti Kapalla Attorneys for Defendant Comerica Bank 150 West Jefferson, Suite 2500 Detroit, MI 48226 [phone] [e-mail]

Dated: May 6, 2010

1

CERTIFICATE OF SERVICE I hereby certify that on May 6, 2010, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system and the Court will send notification of such filing to the parties. Richard B. Tomlinson - [e-mail]

s/Lara Lenzotti Kapalla Miller, Canfield, Paddock and Stone, PLC 150 West Jefferson, Suite 2500 Detroit, MI 48226 [phone] [e-mail]
17,956,783.1\022754-01932