Spine Specialists of Michigan, P.C. v. Citizens Insurance Company of America et al

Filing 56

OPINION and ORDER Denying Defendant AllState Property & Casualty Insurance Company's 53 Motion to Dismiss; and 55 Motion to Strike Plaintiff's Amended Complaint. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SPINE SPECIALISTS OF MICHIGAN, P.C.,
(Stella Najor and Aracelis Najjar)
Plaintiff,

Civil Case No. 15-14102
Honorable Linda V. Parker

v.
ALLSTATE PROPERTY & CASUALTY
INSURANCE COMPANY, a foreign
corporation, and CITIZENS INSURANCE
COMPANY OF AMERICA,
Defendants.
________________________________/
OPINION AND ORDER DENYING DEFENDANT ALLSTATE
PROPERTY & CASUALTY INSURANCE COMPANY’S MOTION TO
DISMISS [ECF NO. 53] & MOTION TO STRIKE PLAINTIFF’S
AMENDED COMPLAINT (ECF NO. 55)
On July 14, 2015, Plaintiff Spine Specialists of Michigan, P.C. (“Spine
Specialists”) filed this lawsuit in a Michigan state court against Defendant Allstate
Property & Casualty Insurance Company (“Allstate”) for the reimbursement of PIP
benefits. (ECF No. 1-1 at Pg ID 17.) Plaintiff filed an amended complaint on
August 31, 2015, naming Citizens Insurance Company of America (“Citizens”) as
a Defendant. (Id. at Pg ID 22.) Citizens removed Plaintiff’s Amended Complaint
to federal court based on diversity jurisdiction on November 23, 2015. (ECF No. 1

at Pg ID 3.) On August 16, 2017, this Court granted Defendant Citizens’ motion
for summary judgment. (ECF No. 40.)
On March 12, 2018, this Court granted, in part, and denied, in part,
Defendant Allstate’s motion for summary judgment. (ECF No. 52.) In that Order,
this Court ordered Plaintiff to file a Second Amended Complaint within thirty
days, which was due on April 11, 2018. (ECF No. 52 at Pg ID 1040.) Presently
before the Court is Allstate’s motion to dismiss for failure to comply with the
Court’s order, filed April 16, 2018, and Defendant Allstate’s motion to strike, filed
April 19, 2018. (ECF Nos. 53 & 55.)
Defendant Allstate argues that the Court should dismiss Plaintiff’s complaint
for failure to prosecute because Plaintiff failed to file the Second Amended
Complaint by April 11, 2018 as ordered by the Court. (ECF No. 53 at Pg ID
1047.) Although Plaintiff filed its Second Amended Complaint on April 16, 2018,
it was untimely and filed without leave of Court. Further, Plaintiff failed to
provide the Court with any explanation as to why it failed to comply with the
Court’s order. However, the Court does not find that Plaintiff’s conduct is grounds
for dismissal. Particularly, there is no record of Plaintiff habitually missing court
deadlines or delaying this litigation. Additionally, Defendant is not prejudiced by
Plaintiff’s five-day delay. Therefore, the Court will permit the case to go forward.

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However, the parties are reminded to comply with all Court orders and seek leave
when appropriate to do so.
Accordingly,
IT IS ORDERED that Defendant Allstate’s motion to dismiss (ECF No. 53)
is DENIED; and
IT IS FURTHER ORDERED that Defendant Allstate’s motion to strike
(ECF No. 55) is DENIED.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: May 7, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, May 7, 2018, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager

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