Lang v. Qiu Ying et al
Filing
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OPINION and ORDER Denying [24, 25, 26, 27] Motions for Bond. Signed by District Judge Linda V. Parker. (Loury, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN LANG,
Plaintiff,
v.
MR. PINKS COLLECTION AGENCY, LLC,
JOHN BRETT SMITH, and
KINGS INTERNATIONAL, LLC,
Civil Case No. 13-14447
Honorable Linda V. Parker
Defendants.
__________________________________/
JOHN BRETT SMITH,
Cross-Plaintiff,
v.
MR. PINKS COLLECTION AGENCY, LLC
and KINGS INTERNATIONAL, LLC,1
Cross-Defendants.
____________________________________/
OPINION AND ORDER DENYING MOTIONS FOR BOND
On October 23, 2013, Plaintiff Brian Lang (“Lang”) filed this lawsuit against
Defendants Mr. Pink Collection Agency, LLC (“Mr. Pink”), John Brett Smith
(“Smith”), and Kings International, LLC (“Kings”). In his Complaint, Lang asserts
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Wang Suo Qui Ying was named as a defendant and cross-defendant. By
stipulation of the parties, however, he was dismissed from this lawsuit on July 29,
2014. (ECF No. 35.)
claims under Michigan law, only. (ECF No. 1.) Smith filed a cross-complaint against
Mr. Pink and Kings on June 6, 2014, also alleging claims under Michigan law, only.
(ECF No. 18.) Kings and Mr. Pink have filed motions asking the Court to order Lang
and Smith to post bonds pursuant to Michigan Compiled Laws Section 600.741.
(ECF Nos. 24-27.) Smith and Lang have filed oppositions to the motions. (ECF Nos.
28, 31.) For the reasons that follow, the Court denies the motions.
Section 600.741 provides:
In all civil actions where sections 705, 715, 725 or 735 constitute the
basis of jurisdiction of a defendant, on such defendant’s motion the court
shall require the plaintiff to post a bond to such defendant with 2 or more
sureties to be approved by the judge or clerk of court, or with a surety
company authorized to do business in this state, in the sum to be fixed
by the court conditioned that in the event judgment is not rendered in
favor of such plaintiff, so much of the penalty of said bond as may be
required shall be applied to the satisfaction of any judgment for court
costs and to defray the actual expenses of such defendant incurred in
defending the action (but not to include attorney’s fees). If plaintiff
prevails in the action, he may tax as costs in the case his reasonable
expense in procuring the bond furnished.
Mich. Comp. Laws § 600.741 (footnote omitted). Mr. Pink and Kings contend that
because jurisdiction over them is premised on the statutes identified in section
600.741, this Court must require Lang and Smith to post bonds under this provision.
Their argument might have merit if this case were pending in state court.
Section 600.741 is a procedural statute governing proceedings in the Michigan
state courts. State procedural rules do not apply in federal court proceedings. “Under
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the Erie doctrine, state law must provide the substantive legal principles in a diversity
case, while federal law governs procedure.” Losey v. N. Am. Philips Consumer Elec.
Corp., 792 F.2d 58, 61-62 (6th Cir. 1986) (citing Hanna v. Plumer, 380 U.S. 460
(1965); Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938)). Jurisdiction in this case is
based upon diversity of citizenship. As such, Section 600.741 has no applicability to
this lawsuit and this federal court is not obligated to require Lang or Smith to post a
bond to proceed.
Accordingly,
IT IS ORDERED, that the motions for bond filed by Mr. Pink Collections,
LLC and Kings International, LLC [ECF Nos. 24-27] are DENIED.
S/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: August 27, 2014
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, August 27, 2014, by electronic and/or
U.S. First Class mail.
S/ Richard Loury
Case Manager
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