Buchanan v. Metz et al

Filing 43

OPINION and ORDER denying Defendant Motley's 39 Motion to Change Venue. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN C. BUCHANAN, JR.,
Plaintiff,
No. 2:12-cv-15511
Hon. Gerald E. Rosen

vs.
JAMES W. METZ II and DONOVAN
MOTLEY,
Defendants.
___________________________________/

OPINION AND ORDER DENYING DEFENDANT MOTLEY’S
MOTION TO CHANGE VENUE
On March 3, 2014, this Court entered an Opinion and Order dismissing
Defendant Metz from this matter. (Dkt. # 36). Prior to dismissing Metz, this Court
had previously denied a request from Metz and Motley to change venue to the
Western District of Michigan. (Dkt. # 32). Motley now renews the motion to
change venue, primarily relying upon Metz’s dismissal as grounds to change
venue. (Dkt. # 39).
The Court finds Motley’s motion to be premature. Plaintiff has moved this
Court to reconsider its March 3, 2014 decision. (Dkt. # 38). At the Court’s March
25, 2014 scheduling conference, Plaintiff’s counsel indicated that Plaintiff will
shortly be filing a motion to amend his complaint.

1

Because resolution of

Plaintiff’s motion for reconsideration -- and the forthcoming motion to amend his
Complaint -- may affect Motley’s instant motion, the Court hereby denies Motley’s
motion as premature, without prejudice.
For all of the foregoing reasons,
IT IS HEREBY ORDERED that Defendant Motley’s Renewed Motion to
Change Venue [Dkt. # 39] is DENIED without prejudice.
IT IS SO ORDERED.

Dated: March 26, 2014

s/Gerald E. Rosen
GERALD E. ROSEN
CHIEF, U.S. DISTRICT COURT

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, March 26, 2014, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, 313-234-5135

2