Macomb Interceptor Drain Drainage District v. Kilpatrick et al

Filing 227

ORDER Tolling Deadlines for Responsive pleadinga and SUSPENDING further Motion Practice and Briefing on Pending Motions to Dismiss re 221 MOTION to Dismiss filed by Rohrscheib Sons Caissons, Inc., Steve Rohrscheib, 218 MOTION to Dismiss under Rule 12(B)(6) filed by Antonio D'Agostini, L. Robert D'Agostini, James D'Agostini, L. D'Agostini & Sons, Inc., 219 MOTION to Dismiss filed by Walter Rozycki, Dennis Oszust, Inland Waters Pollution Control, Inc., Robert L. Williams, 214 MOTION to Dismiss filed by Mark E O'Laughlin, O'Laughlin Construction Company. Signed by District Judge Robert H. Cleland. (LWag)

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

MACOMB INTERCEPTOR DRAIN DRAINAGE
DISTRICT,
Plaintiff,
and
CITY OF DETROIT and DETROIT WATER AND
SEWERAGE DEPARTMENT,
Plaintiff-Intervenors,
v.

Case No. 11-13101

KWAME KILPATRICK, et al.,
Defendants.
/
ORDER TOLLING DEADLINES FOR RESPONSIVE PLEADINGS
AND SUSPENDING FURTHER MOTION PRACTICE AND
BRIEFING ON PENDING MOTIONS TO DISMISS
In January 2012, the court, citing a concern for judicial economy and seeking to
streamline consideration of issues presented to the court in multiple motions to dismiss
being separately and simultaneously briefed, terminated all pending motions to dismiss
and tolled the Federal Rule of Civil Procedure 12 deadlines for the service of responsive
pleadings. The court further indicated that it would reinstitute the Rule 12 deadlines
following adjudication of Plaintiff-Intervenor’s motion to intervene. During a subsequent
status conference with counsel for the parties, counsel for Defendant Anthony Soave
indicated that Defendants intended to file a joint motion for summary judgment that
would squarely place before the court the issue of which entity, Plaintiff Macomb

Interceptor Drain Drainage District or Plaintiff-Intervenor Detroit Water and Sewerage
Department, had standing to bring the tort-based claims contained in the original
complaint. Such a joint motion was filed on February 24, 2012, and the court has set a
hearing on the motion for July 25, 2012.
Following the reinstitution of the Rule 12 deadlines in the court’s May 7, 2012
order, numerous Defendants have again filed independent motions to dismiss against
Plaintiff’s original complaint, likely out of a concern that the deadlines for responsive
pleadings may expire prior to the court’s adjudication of the pending joint motion for
summary judgment. Because adjudication of the joint motion may very well moot
Defendants’ motions to dismiss, and in order to promote judicial efficiency and
encourage the preservation of client resources, the court will once again toll all
deadlines for the service of responsive pleadings contemplated by Rule 12 with respect
to both Plaintiff Macomb Interceptor’s complaint and Plaintiff-Intervenors City of Detroit
and Detroit Water and Sewerage Department’s intervening complaint. Further filing of
motions and briefing on the recently filed motions to dismiss will also be suspended
pending resolution of the joint motion for summary judgment. Accordingly,
IT IS ORDERED that all deadlines for the service of responsive pleadings and
motions contemplated by Federal Rule of Civil Procedure 12 are tolled as to both
Plaintiff Macomb Interceptor Drain Drainage District’s original complaint and PlaintiffIntervenors the City of Detroit and the Detroit Water and Sewerage Department’s
intervening complaint pending further court order.

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IT IS FURTHER ORDERED that briefing on the pending motions to dismiss [Dkt.
## 214, 218, 219, 221] is SUSPENDED pending further court order. The court expects
that no additional motions, including motions to dismiss, will be filed without leave of the
court pending resolution of the referenced joint motion for summary judgment.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 11, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 11, 2012, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\11-13101.KILPATRICK.Toll.R.12.Suspend.Br.jrc.2.wpd

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