Kesler Associates, Inc. v. Wellman Plastics Recycling, LLC

Filing 62

ORDER Denying Plaintiff's Motion for Supplementation 54 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KESLER ASSOCIATES, INC.,
Plaintiff,
Case No. 10-CV-13390
HONORABLE DENISE PAGE HOOD

v.
WELLMAN PLASTICS RECYCLING, LLC,
Defendant.
/

ORDER DENYING PLAINTIFF’S MOTION FOR SUPPLEMENTATION
Now before the Court is Plaintiff’s Motion for Supplementation of Court’s Ruling on
September 27, 2012. Plaintiff notes that it does not disagree with the Court’s ruling, but asks the
Court to supplement its Order Denying Defendant’s Motion for Summary Judgment based on
Plaintiff’s previous arguments that there was no consideration or dispute, necessary elements for
accord and satisfaction. The Court will direct Plaintiff to footnote one of the September 27, 2012
Order, in which the Court provided:
Plaintiff attempts to reargue in its response that there was no consideration, no
dispute, and the check was not issued in good faith. The Court has already
considered these arguments at length and will not readdress them here. The Court
concluded in its August 18, 2011 order that Plaintiff had failed to demonstrate that
there was a genuine issue of material fact as to the first three elements of accord and
satisfaction [Docket No. 25]. Specifically, the Court found that Defendant had
offered the check in good faith as full satisfaction of the claims, the claim amount
was unliquidated, and Plaintiff received the payment. See MICH. COMP. LAWS §
440.3311(1).
[Docket No. 51, Pg ID 618]. The Court will not reconsider these issues.
Accordingly,

IT IS ORDERED that Plaintiff’s Motion for Supplementation [Docket No. 54, filed October
18, 2012] is DENIED.
IT IS SO ORDERED.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: January 17, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on January
17, 2013, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

2