Americon Group, Inc. et al v. Marco Contractors, Inc. et al

Filing 83

ORDER (1) Withdrawing Defendants' 80 Motion to Dismiss; (2) Granting Defendants Leave to Re-File Motion to Dismiss; (3) Dismissing as Moot in Part and Denying Without Prejudice in Part Plaintiff Detroit Spectrum Painters Inc.'s 82 Mo tion to Strike Motion to Dismiss and Request for Sanctions; and (4) Continuing Proceedings on Plaintiff Detroit Spectrum Painters Inc.'s 71 Motion to Enforce Court Order and Compel Discovery and 75 Motion for Court Intervention and Sanctions. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMERICON GROUP, INC., et al.,
Plaintiffs,
Case No. 14-cv-10785
Hon. Matthew F. Leitman

v.
MARCO CONTRACTORS, INC., et al.,
Defendants.
_________________________________/

ORDER (1) WITHDRAWING DEFENDANTS’ MOTION TO DISMISS; (2)
GRANTING DEFENDANTS LEAVE TO RE-FILE MOTION TO DISMISS; (3)
DISMISSING AS MOOT IN PART AND DENYING WITHOUT PREJUDICE
IN PART PLAINTIFF DETROIT SPECTRUM PAINTERS INC.’S MOTION
TO STRIKE MOTION TO DISMISS AND REQUEST FOR SANCTIONS (ECF
#82); AND (4) CONTINUING PROCEEDINGS ON PLAINTIFF DETROIT
SPECTRUM PAINTERS INC.’S MOTION TO ENFORCE COURT ORDER
AND COMPEL DISCOVERY (ECF #71) AND MOTION FOR COURT
INTERVENTION AND SANCTIONS (ECF #75)
In this action, Plaintiffs Americon Group, Inc., Garr Electric Co., Inc., and
Detroit Spectrum Painters, Inc. allege that Marco Contractors, Inc. failed to pay
amounts owing under their respective contracts. (See Second Am. Compl., ECF #30.)
On July 28, 2017, Detroit Spectrum Painters filed a motion to enforce the Court’s July
12, 2017 Order (ECF #70) and to compel discovery. (See ECF #71.) On November 2,
2017, Detroit Spectrum Painters filed a motion for court intervention and sanctions.
(See ECF #75.) On December 13, 2017, Defendants Marco Contractors and Old
Republic Insurance Company filed a motion to dismiss the Plaintiffs’ claims. (See ECF

#80.) In response, Detroit Spectrum Painters filed a motion to strike Defendants’
motion to dismiss and request for sanctions. (See ECF #82.) The Court held a hearing
on December 14, 2017.
For the reasons stated at the hearing on December 14, 2017, it is HEREBY
ORDERED that:
1. Defendants’ Motion to Dismiss (ECF #80) is WITHDRAWN.
2. The Court GRANTS Defendants leave to re-file a motion to dismiss.
Unless otherwise ordered by the Court, Defendants must refile any motion
to dismiss no later than January 4, 2018, and Plaintiffs shall file a response
to Defendants’ motion to dismiss no later than January 25, 2017.
3. Detroit Spectrum Painters’ motion to strike Defendants’ Motion to
Dismiss (ECF #82) is DISMISSED AS MOOT, and Detroit Spectrum
Painters’ request for sanctions (ECF #82) is DENIED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that proceedings on Detroit Spectrum Painters’
motion to enforce the Court’s July 12, 2017 Order and to compel discovery (ECF #71)
and motion for court intervention and sanctions (ECF #75) are CONTINUED until the
Court makes a determination on Defendants’ forthcoming motion to dismiss.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 14, 2017

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 14, 2017, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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