Hoben et al v. The United States of America et al

Filing 11

ORDER denying 7 Motion to Dismiss. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SUSAN A. HOBEN and JOHN HOBEN,
Plaintiffs,
Case Number 12-10773
Honorable David M. Lawson

v.
UNITED STATES OF AMERICA, U.S.
DEPARTMENT OF HOMELAND SECURITY,
and THE UNITED STATES COAST GUARD,
Defendants.
_________________________________________/

ORDER DENYING MOTION TO DISMISS
On April 23, 2012, the defendants filed a motion to dismiss the plaintiffs’ complaint. In this
district, movants must seek concurrence in the relief requested before filing a motion or request with
this Court. E.D. Mich. LR 7.1(a). If concurrence is obtained, the parties then may present a
stipulated order to the Court. If concurrence is not obtained, Local Rule 7.1(a)(2) requires that the
moving party state in the motion that “there was a conference between the attorneys . . . in which
the movant explained the nature of the motion and its legal basis and requested but did not obtain
concurrence in the relief sought [ ] or . . . despite reasonable efforts specified in the motion, the
movant was unable to conduct a conference.” E.D. Mich. LR 7.1(a)(2).
The defendants do not state in their motion that concurrence was sought from the plaintiffs
before filing the motion. “It is not up to the Court to expend its energies when the parties have not
sufficiently expended their own.” Hasbro, Inc. v. Serafino, 168 F.R.D. 99, 101 (D. Mass. 1996).
The defendants have filed their motion in violation of the applicable rules.

Accordingly, it is ORDERED that the defendants’ motion to dismiss [dkt. #7] is DENIED
WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: May 4, 2012

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 May 4, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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