BREWART v. Travelers Casualty Insurance Company of America

Filing 42

ORDER GRANTING Plaintiff's 39 Motion for relief to file an untimely response.--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM BREWART,

Plaintiff,

CASE NO. 2:13-CV-11657
JUDGE VICTORIA A. ROBERTS
MAGISTRATE JUDGE ANTHONY P. PATTI

v.
TRAVELERS CASUALTY
INSURANCE COMPANY
OF AMERICA,
Defendant,
/
ORDER GRANTING PLAINTIFF’S MOTION (DE 39) FOR RELIEF
FROM E.D. MICH. LR 7.1 and ALLOWING AN UNTIMELY RESPONSE
(DE 40) TO DEFENDANT’S MOTION (DE 37)
A.

Background
This lawsuit was originally filed on March 18, 2013 in Wayne County

Circuit Court. DE 1 at 5-13. The causes of action include breach of contract and
negligent misrepresentation. On April 12, 2013, Defendant Travelers Casualty
Insurance Company of America removed the case to this Court. DE 1 at 1-4.
Nearly sixteen months later, on August 11, 2014, Travelers filed a countercomplaint alleging breach of contract and common law fraud, as well as seeking
declaratory judgment. DE 31. Plaintiff answered the counterclaim on August 21,
2014. DE 32.

B.

Pending Motions
Although this lawsuit was originally referred to Magistrate Judge Grand for

pretrial matters (DE 8), it was reassigned to me on January 13, 2015 (DE 38).
Currently before the Court is Travelers’ January 8, 2015 motion for summary
judgment and to amend counter complaint. DE 37. Ordinarily, a response to this
motion would have been due on or about February 2, 2015. Fed. R. Civ. P. 6(a),
6(d).
On February 5, 2015, Plaintiff Brewart filed two matters: (1) a motion (DE
39) for relief from E.D. Mich. LR 7.1 and allowing an untimely response to
Defendant’s motion (DE 37) and (2) a response (DE 40) to Defendant’s motion
(DE 37).
On February 6, 2015, my case manager noticed this case for a February 9,
2014 telephonic status conference (DE 41), noting that the parties should be
prepared to discuss Plaintiff’s February 5, 2015 motion (DE 39).
C.

Discussion
On the date set for conference, attorneys John Thomas Schroder and Glen H.

Pickover appeared by telephone. Counsel for the defense agreed that having been
heard in the telephone conference, it would not be necessary for the Court to
consider a response brief before ruling. Having heard the oral argument of counsel
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for the parties, I conclude that Plaintiff’s February 5, 2015 motion (DE 39) should
be granted.
Among other things, Plaintiff’s counsel explained that the late filing of the
response was due to an omission in scheduling within his office and the transfer of
the case between attorneys within the firm. Moreover, when asked by the Court,
defense counsel could not say his client would be prejudiced by permitting this late
filing, nor did defense counsel have evidence that Plaintiff’s counsel’s tardiness in
filing the response was due to bad faith.
D.

Order
Accordingly, Plaintiff Brewart’s February 5, 2015 motion for relief from

E.D. Mich. LR 7.1 (DE 39) is GRANTED, and the Court will recognize Plaintiff
Brewart’s February 5, 2015 response (DE 40) in its disposition of Travelers’
pending January 8, 2015 dispositive motion (DE 37).
Furthermore, attorney Schroder is DIRECTED to file an appearance of
counsel on behalf of his client.
Finally, counsel for the parties are reminded to take note of this Court’s
Civility Principles, in particular, Attorneys’ Responsibilities to Other Counsel ¶ 17.

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IT IS SO ORDERED.
Dated: February 10, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoin document was sent to parties of record
on February 10, 2015, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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