Shoppers Choice Supermarket, Inc. v. American Empire Surplus Lines Insurance Company

Filing 38

ORDER granting 35 Motion requiring defendant to disburse funds. Signed by District Judge Robert H. Cleland. (LWag)

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

SHOPPERS CHOICE SUPERMARKET, INC.,
Plaintiff,
v.

Case No. 11-10998

AMERICAN EMPIRE SURPLUS LINES
INSURANCE CO.,
Defendant.
/
ORDER GRANTING “MOTION REQUIRING DEFENDANT TO DISBURSE FUNDS”
On January 18, 2012, Plaintiff filed a “Motion Requiring Defendant to Disburse
Funds,” requesting that the court order Defendant to turn over $108,875.00 withheld
from the payment of Plaintiff’s appraisal award pursuant to Michigan Compiled Laws
section 500.2845. Under that provision, Defendant was required to withhold 25% of the
appraisal award and notify the City of Detroit, which could claim the withheld amount
within fifteen days of the mailing of the notice. Mich. Comp. Laws § 500.2845(1)(f).
Defendant mailed the required notice to the City on December 13, 2011, but the City did
not attempt to claim the funds until January 10, 2012, well beyond the fifteen-day
statutory period. Furthermore, Plaintiff served this motion on the City, and the City has
failed to respond. Therefore, and in accordance with Michigan Compiled Laws section
500.2845(1)(f),

IT IS ORDERED that Plaintiff’s “Motion Requiring Defendant to Disburse Funds”
[Dkt. # 35] is GRANTED. Defendant shall remit to Plaintiff the $108,875.00 withheld
from the appraisal award no later than February 8, 2012.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: February 1, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, February 1, 2012, by electronic and/or ordinary mail.
s/Lisa G. Wagner
Case Manager and Deputy Clerk
[phone]

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