PNC Bank, National Association, successor by merger to National City Bank, a national banking association v. Legal Advocacy, P.C. et al
Filing
217
OPINION and ORDER GRANTING PLAINTIFF'S 213 MOTION COMPEL CREDITOR'S EXAMINATION OF NORMAN A. YATOOMA Signed by District Judge Linda V. Parker. (AFla)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PNC BANK,
Plaintiff,
v.
Civil Case No. 16-cv-13258
Honorable Linda V. Parker
LEGAL ADVOCACY, P.C., f/k/a
NORMAN YATOOMA &
ASSOCIATES, P.C. and NORMAN
YATOOMA,
Defendants.
__________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO
COMPEL CREDITOR’S EXAMINATION OF NORMAN A. YATOOMA
[ECF No. 213]
On September 9, 2016, Plaintiff PNC Bank commenced this lawsuit alleging
a breach of promissory note and breach of the guaranty against Defendant Legal
Advocacy, P.C., f/k/a Norman Yatooma & Associates, P.C. and Defendant
Norman A. Yatooma (collectively “Defendants”). (ECF No. 1.) On February 11,
2020, a Judgment was entered in favor of Plaintiff against Defendants, jointly and
severally, in the amount of $2,141,524.68. (ECF No. 86.) The matter is presently
before the Court on Plaintiff's Motion to Compel Creditor's Examination of Legal
Advocacy and Norman A. Yatooma. (ECF No. 213.) On October 18, 2021,
Defendants filed a response to the motion stating that they “do not disagree to sit
for a creditors exam” but asking that the exam be held via Zoom and on specified
dates in October. (ECF No. 214 at Pg ID 2072.)
On October 19, 2021, Defendant Legal Advocacy filed a “Notice of
Automatic Stay [] By Virtue of [their] Bankruptcy Filing”. (ECF No. 215.)
Plaintiff filed a reply on the same date requesting “an [o]rder [c]ompelling
Defendant Norman Yatooma individually to appear for a creditor’s examination at
a date and time mutually agreeable to the parties…”. (ECF No. 216 at Pg ID
2088.)
Plaintiff is entitled to the relief it seeks. See Fed. R. Civ. P. 69(a)(2); Mich.
Comp. Laws § 600.6104.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Compel Creditor’s
Examinations of Norman A. Yatooma is GRANTED, and Defendant shall appear
for creditor's examination within thirty (30) days of this Opinion and Order.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Compel Creditor’s
Examination of Defendant Legal Advocacy shall be DENIED without prejudice.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: October 25, 2021
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