Grammer Industries, Incorporated v. Beach Mold & Tool, Inc.

Filing 180

ORDER Adopting 179 Report and Recommendation Denying 91 Motion to Dismiss, filed by American Industrial Acquisition Corporation Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GRAMMER INDUSTRIES, INC.,
Plaintiff,

Case No. 15-cv-12694

v.

Paul D. Borman
United States District Judge

BEACH MOLD AND TOOL, INC.
et al.,

R. Steven Whalen
United States Magistrate Judge

Defendants.
______________________________/
ORDER (1) ADOPTING MAGISTRATE JUDGE WHALEN’S JUNE 3, 2019
REPORT AND RECOMMENDATION (ECF NO. 179) AND (2) DENYING
DEFENDANT/CROSS-DEFENDANT AMERICAN INDUSTRIAL
ACQUISITION CORP.’S MOTION TO DISMISS
PLAINTIFF’S SECOND AMENDED COMPLAINT (ECF NO. 91)
On June 3, 2019, Magistrate Judge R. Steven Whalen issued a Report and
Recommendation to DENY Defendant/Cross-Defendant American Industrial
Acquisition Corp.’s (“AIAC”) Motion to Dismiss Plaintiff’s Complaint and CrossClaimant’s Cross-Complaint Pursuant to Fed. R. Civ. 12(b)(6). (ECF No. 179.)
Having reviewed the Report and Recommendation, and there being no timely
objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d),
the Court ADOPTS the Report and Recommendation and DENIES AIAC’s motion
to dismiss (ECF No. 91).
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The Court notes, as Magistrate Judge Whalen also observed, that although the
Court has entered a clerk’s entry of default against AIAC, neither the Plaintiff nor the
Cross-Claimant has yet moved for entry of a default judgment, an entirely distinct
concept.
Accordingly, AIAC’s motion to dismiss is DENIED.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: June 21, 2019

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