Commercial Law Corporation, P.C. v. Federal Deposit Insurance Corporation

Filing 214

ORDER Denying 211 Motion for Leave to File Motion for Summary Judgment; Denying 212 MOTION FOR LEAVE TO FILE SECOND MOTION FOR SUMMARY JUDGMENT. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Commercial Law Corporation, P.C.,
a Michigan Professional Corporation,
Plaintiff,
v.

Case No. 10-13275
Sean F. Cox
United States District Court Judge

Federal Deposit Insurance Corporation,
as Receiver for Home Federal Savings
Bank,
Defendant.
___________________________________/

ORDER DENYING
MOTIONS FOR LEAVE TO FILE MOTIONS FOR SUMMARY JUDGMENT
This action was filed on August 18, 2010. As explained in this Court’s February 4, 2014
Opinion & Order, there were numerous discovery disputes that delayed the progression of this
action. This Court extended the dates contained in the Scheduling Order several times. (See,
e.g., 3/7/11 Scheduling Order and 12/6/11 Scheduling Orders). Ultimately, after resolving a
discovery motion filed by Defendant, the Court set a final date of October 25, 2013 for the filing
of dispositive motions.
Defendant filed a Motion for Summary Judgment on October 25, 2013.
Plaintiff did not file any dispositive motions; nor did Plaintiff ask the Court to extend the
deadline for filing dispositive motions beyond October 25, 2013.
This Court granted summary judgment in favor of Defendant in an Opinion & Order
issued on February 4, 2014. Thereafter, Plaintiff appealed.
The Sixth Circuit reversed and remanded in Commercial Law Corp., P.C. v. F.D.I.C.,
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777 F.3d 324 (6th Cir. 2015).
At a Status Conference held after the mandate issued, Counsel for both parties inquired
about filing additional motions for summary judgment. Due to the very late stage of this
litigation, the Court issued an order providing that any party who wishes to file a motion for
summary judgment must file a motion seeking leave to do so.
On July 20, 2015, Plaintiff and Defendant each filed a motion seeking leave to file a
motion for summary judgment.
The Court finds that oral argument would not aid the decisional process. See Local Rule
7.1(f)(2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the
motions will be decided without oral argument.
Having considered the pending motions, the Court concludes that neither party has
presented a sufficient reason for this Court to further delay trial in this 2010 case by allowing the
filing of additional dispositive motions. The matter shall proceed to trial.
Accordingly, the Court ORDERS that both motions seeking leave to file additional
dispositive motions (Docket Entry Nos. 211 & 212) are DENIED.
IT IS FURTHER ORDERED that the Final Pretrial Conference in this matter shall be
held on October 5, 2015, at 2:00 p.m., as provided in this Court’s June 30, 2015 Order. The
Court reminds counsel to review that order, which addresses the requirements for the
Final Pretrial Conference and the persons required to attend it in person.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 13, 2015
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Commercial Law Corporation, P.C.,
a Michigan Professional Corporation,
Plaintiff,
v.

Case No. 10-13275
Sean F. Cox
United States District Court Judge

Federal Deposit Insurance Corporation,
as Receiver for Home Federal Savings
Bank,
Defendant.
___________________________________/

PROOF OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record
on August 13, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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