Zack et al v. McLaren Health Plan, Inc.

Filing 32

ORDER VACATING 30 Order to Show Cause. (Response due by 2/26/2019) Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PAUL ZACK and JUDITH
ZACK,
Plaintiffs,
Case No. 17-11253
Hon. Terrence G. Berg

v.
MCLAREN HEALTH PLAN,
INC. and MCLAREN
HEALTH ADVANTAGE,
Defendants.

ORDER VACATING ORDER TO SHOW CAUSE
On February 12, 2019, the Court ordered Attorney Richard W.
Warren to show cause why Rule 11 sanctions should not be imposed
and/or why Defendant’s Response to Plaintiff’s Motion to Reopen
Case (ECF No. 27) should not be stricken from the record for
containing incorrect assertions. ECF No. 30. Mr. Warren filed his
response to the order on February 18, 2019, ECF No. 31.
Upon review, the Court finds that Mr. Warren has adequately
shown cause that Rule 11 sanctions are not appropriate under all
the circumstances. However, it is clear that Defendant’s Response
to Plaintiff’s Motion to Reopen Case, ECF No. 27, nevertheless
contains an inaccurate characterization of this Court’s previous
Order and should therefore be stricken from the record.
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Accordingly, the docket entry ECF No. 27 is hereby STRICKEN.
Defendant may re-file its Response—containing only well-founded
assertions—within three (3) days of the date of this Order.
SO ORDERED.

Dated: February 21, 2019 s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically filed,
and the parties and/or counsel of record were served on
February 21, 2019.
s/A. Chubb
Case Manager

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