Bank of America, N.A. v. Skyline Contractors, Inc. et al

Filing 109

ORDER granting 108 Motion for Entry of Renewed Judgment. Signed by District Judge Terrence G. Berg. (AChu)

Case 4:13-cv-10573-TGB-RSW ECF No. 109, PageID.363 Filed 10/25/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
4:13-CV-10573-TGB-RSW

BANK OF AMERICA, N.A.,
Plaintiff,
vs.
SKYLINE CONTRACTORS, INC.
and ROBERTO DESANTIS,

ORDER GRANTING MOTION
FOR ENTRY OF RENEWED
JUDGMENT (ECF NO. 108)

Defendants.
Plaintiff Bank of America seeks to renew a $1,551,458.61 judgment
that it obtained against Defendants Skyline Contractors and Roberto
DeSantis on October 15, 2013.
There is no specific federal statute of limitations governing the
period during which a federal judgment is effective. Fed. R. Civ. P. 69;
see also In re Fifarek, 370 B.R. 754, 758 (W.D. Mich. June 20, 2007).
Accordingly, federal courts look to state practices and procedures. Consol.
Rail Corp. v. Yashinsky, 170 F.3d 591, 594-95 (6th Cir. 1999).
With some exceptions not relevant here, Michigan law establishes
a ten-year limitations period on the enforcement of judgments. MCL
§ 600.5809(3). A party can extend this period by filing renewal actions to
enforce the judgment, so long as the renewal actions are initiated within
ten years “of the rendition of the judgment or decree.” Id.; see also MCL
§ 600.2903 (providing that “[a]ny judgment in tort … of record in any

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Case 4:13-cv-10573-TGB-RSW ECF No. 109, PageID.364 Filed 10/25/23 Page 2 of 2

court of record in this state may be sued on and renewed, within the time
and as provided by law”).
Plaintiff Bank of America’s motion was filed within the ten-year
limitations period and complies with the applicable rules. Accordingly,
the motion (ECF No. 108) will be GRANTED, and a renewed judgment
in the amount of $1,551,458.61 will enter in its favor.
SO ORDERED this 25th day of October, 2023.
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge

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