Lim, Trustee of MP Liquidating Co LLC v. Miller Parking Co. (an IL Corp.) et al

Filing 187

ORDER Dismissing Counts IV, V, VI and IX of the Amended Complaint, Denying Midtrial Motion to Dismiss and Scheduling Conference. Status Conference set for 4/19/2016 at 10:00 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
K. JIN LIM as TRUSTEE OF MP LIQUIDATING
CO. LLC,
Plaintiff,

Case Number 11-14422
Honorable David M. Lawson

v.
MILLER PARKING CO., JAMES N. MILLER
REVOCABLE TRUST UTA, NATHAN L.
MILLER TRUST, ALISON J. MILLER TRUST,
DAVID M. MILLER TRUST, and JAMES N.
MILLER,
Defendants.
___________________________________________/
ORDER DISMISSING COUNTS IV, V, VI, AND IX OF THE AMENDED
COMPLAINT, DENYING MIDTRIAL MOTION TO DISMISS,
AND SCHEDULING CONFERENCE
The Court bifurcated the trial of the claims presented by the amended complaint in this case.
In its Joint Final Pretrial Order [dkt. #65], the Court directed the parties to submit to the Court for
trial without a jury the claims in Count VI (Alter Ego), Count V (Substantive Consolidation), Count
IV (Disgorgement/Illegal Distributions), and Count IX (Accounting). The case came on for trial
before the Court without a jury on February 17, 2015. Earlier today, the Court filed its opinion,
which contained its findings of fact and conclusions of law under Federal Rule of Civil Procedure
52(a)(1). In accordance with that Opinion After Trial entered today,
It is ORDERED that Counts IV, V, VI, and IX of the amended complaint are DISMISSED
WITH PREJUDICE.
It is further ORDERED that the defendants’ midtrial motion for judgment as a matter of law
under Federal Rule of Civil Procedure 52(c) is DENIED as moot.

It is further ORDERED that counsel for the parties shall appear for a conference to discuss
the adjudication and resolution of the remaining counts of the amended complaint on April 19, 2016
at 10:00 a.m.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: April 11, 2016
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on April 11, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

-2-