Allegra Network LLC et al v. Cormack et al

Filing 54

ORDER adopting 49 Report and Recommendation and setting date for parties to appear for hearing on contempt sanctions set for January 23, 2013 at 2:00 p.m. Any additional evidence to be submitted by 1/14/2013.. Signed by District Judge Nancy G. Edmunds. (CHem)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ALLEGRA NETWORK LLC and ALLEGRA
HOLDINGS LLC,
Case No. 11-13087

Plaintiffs,

Honorable Nancy G. Edmunds

v.
J. MICHAEL CORMACK and SHERRIE L.
CORMACK,
Defendants.
/

OPINION AND ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION AND ORDERING PLAINTIFFS AND
DEFENDANTS TO APPEAR ON WEDNESDAY, JANUARY 23, 2013 [49]

This matter comes before the Court on the magistrate judge’s November 2, 2012
report and recommendation on Plaintiffs Allegra Network LLC and Allegra Holdings
LLC’s motion to hold Defendants J. Michael and Sherrie L. Cormack in contempt for
violating the Court’s August 20, 2012 order granting Plaintiffs’ request for a preliminary
injunction.1 (Dkt. 49.) The magistrate judge recommended finding that Plaintiffs had
shown by clear and convincing evidence that Defendants have violated and are violating
the Court’s August 20, 2012 order. (Id.) The magistrate judge then recommended that
the Court set a date for hearing and order the parties to appear, with accompanying

1

For a complete background of this case, see the Court’s August 20, 2012
Preliminary Injunction order. (Dkt. 42.)
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sanctions if Defendants cannot show that they are complying with the Court’s August
20, 2012 order. (Id.)
Defendants responded to the magistrate judge’s report and recommendation.
(Dkt. 50.) In the response, Defendant Michael Cormack stated that he and his wife sold
their interest to Lisa Luhrs on September 1, 2012 and that she moved out of the 659
East Apply Road location. (Id.) He further stated that the Appleby location is empty,
save for a Curves store, and is currently up for sale. (Id.) Defendant Michael Cormak
added that he and his wife were going to attempt to settle the financial issues with
Plaintiffs in the future, and if they fail to settle, they would be filing for bankruptcy. (Id.)
Defendant Michael Cormack requested that the Court not hold his wife in contempt, for
she only signed the documents with Plaintiffs and never had anything to do with Hog
Country Media. (Id.) He concluded by stating that he has significant health issues from
diabetes and that he and his wife have no financial resources. (Id.)
Plaintiffs have replied to Defendants’ response. (Dkt. 52.) With that ‘reply,’
Plaintiffs have submitted additional evidence showing that Defendants may still be
operating or have an interest in Hog Country Media at Appleby Road. Plaintiffs also
allege that, even if Defendants have moved their business three miles away, from the
Appleby Road location, as they stated they have, operating out of that new location still
violates the Court’s August 20, 2012 order.
The Court therefore ACCEPTS and ADOPTS the magistrate judge’s report and
recommendation and ORDERS the parties to appear for hearing on contempt sanctions
on January 23, 2013 at 2:00 p.m. The Court further ORDERS the parties to submit any
additional evidence that they want the Court to consider during the hearing by January
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14, 2013.
SO ORDERED.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: December 17, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record
on December 17, 2012, by electronic and/or ordinary mail.
s/Carol A. Hemeyer
Case Manager

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