Middlebelt Plymouth Venture, LLC v. Moe's Southwest Grill, LLC et al

Filing 40

ORDER denying 36 Motion to Enter Consent Judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MIDDLEBELT PYLMOUTH VENTURE, LLC, Plaintiff, v. Hon. John Corbett O'Meara MOE'S SOUTHWEST GRILL, LLC, et al., Defendants. ___________________________________/ ORDER DENYING MOTION TO ENTER CONSENT JUDGMENT Before the court is Plaintiff's motion to enter consent judgment, filed October 13, 2009. Defendants submitted a response on October 26, 2009; Plaintiff filed a reply brief on October 28, 2009. The court did not hear oral argument. Having reviewed the parties' submissions, the court concludes that Defendants have performed their obligations under the settlement agreement. Defendants have made the required thirteen payments, although it appears that one payment was a day or two late.1 Under all the circumstances, the court finds the entry of the consent judgment unwarranted. IT IS HEREBY ORDERED that Plaintiff's motion to enter consent judgment is DENIED. s/John Corbett O'Meara United States District Judge Date: December 23, 2009 Case No. 07-12190

The court assumes that Defendants made the final payment due November 1, 2009; neither party has suggested otherwise.

1

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, December 23, 2009, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager