Enrivosolids, LLC v. SJGK, LLC et al

Filing 38

ORDER granting in part and denying in part 26 Motion for More Definite Statement. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ENVIROSOLIDS, Plaintiff, CIVIL ACTION NO. 12-10596 v. DISTRICT JUDGE LAWRENCE P. ZATKOFF SJGK, LLC, et al., MAGISTRATE JUDGE MARK A. RANDON Defendants. / ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SKYLINE AVIATION, INC.’S MOTION FOR A MORE DEFINITE STATEMENT (DKT. NO. 26) This matter is before the Court on Defendant Skyline Aviation, Inc.’s (“Skyline”) motion for a more definite statement (Dkt. No. 26). The Court has reviewed the motion, the response filed by Plaintiff Envirosolids, LLC (“Envirosolids”) (Dkt. No. 30) and the reply filed by Skyline (Dkt. No. 33). Being otherwise fully advised following oral argument, and for the reasons stated on the record; IT IS ORDERED Skyline’s motion for a more definite statement is GRANTED IN PART AND DENIED IN PART. More specifically, Envirosolids shall not be required to file a new Complaint nor is Envirosolids required to post a surety bond. However, IT IS ORDERED that Envirosolids maintain insurance on the oil that is the subject of this interpleader action. IT IS FURTHER ORDERED that – if there is no agreement to sell the oil to a third-party within 21 days of the date of this order – Envirosolids must pay for testing to determine the quantity of the oil that is the subject of this interpleader action. Once such quantity testing is complete, Envirosolids must provide a copy of the results to every other party in this case. If any party wishes to test the quality of the oil, then the party requesting the quality testing shall bear the cost of such testing. IT IS SO ORDERED. s/Mark A. Randon Mark A. Randon United States Magistrate Judge Dated: January 9, 2013 Certificate of Service I hereby certify that a copy of the foregoing document was served on the parties of record on this date, January 9, 2013, electronically. s/Melody R. Miles Case Manager to Magistrate Judge Mark A. Randon (313) 234-5542

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