Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 168

ORDER denying 167 motion to adjourn hearing on Intervenors' Motion for Summary Judgment ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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G r e a t Lakes Exploration Group LLC v. Unidentified Wrecked and (For Sa...bandoned Sailing Vessel, The D o c . 168 UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF MICHIGAN S O U T H E R N DIVISION G R E A T LAKES EXPLORATION GROUP LLC, P l a in tif f , C A S E NO. 1:04-CV-375 v. H O N . ROBERT HOLMES BELL T h e Unidentified, Wrecked and (For S a lv a g e -R ig h t Purposes), Abandoned Sailing Vessel, her tackle, apparel, appurtenances, cargo, etc., In Rem D e f e n d a n t. v. S T A T E OF MICHIGAN DEPARTMENT O F HISTORY, ARTS, AND LIBRARIES, e t al., I n te r v e n o r s. / ORDER B e f o r e the Court is a Stipulated Motion to Adjourn Hearing on Intervenors' M o tio n for Summary Judgment. (Dkt. No. 167.) The instant motion indicates that the parties have reached preliminary agreement o n several of the substantive issues of an agreement to investigate the identity of the s h ip w re c k , but are still negotiating some critical provisions. By stipulation, the parties Dockets.Justia.com request postponement of the hearing for "two or three months" to give them additional tim e to reach agreement. This matter has been pending for five years, the motion for summary judgment has b e e n pending for nine months, and the parties have twice postponed a hearing on the m o tio n . While the Court appreciates the merit in conducting an investigation to resolve th e identity of the shipwreck before resolving claims of ownership, the parties have had a m p le opportunity to resolve their differences on the details of an investigation. The C o u rt will not delay adjudication of the pending motion indefinitely. Accordingly, the C o u rt will deny the motion to adjourn. The Court will entertain a renewed motion to a d jo u rn in the event that the parties come to final agreement on the details of the in v e s tig a tio n . F o r the foregoing reasons, the stipulated motion to adjourn the hearing on I n te r v e n o r s' motion for summary judgment (Dkt. No. 167) is DENIED. Dated: September 17, 2009 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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