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Summary: 469 B.R. 688 (2012) In re TIMCO, LLC, Debtor. Timco, LLC, Appellant, v. T & M Sales Agency, Inc., Appellee. In June 2008, Appellee T & M Sales Agency, Inc. (T & M), filed suit in Oakland County Circuit Court against Debtor-Appellant Timco, LLC, seeking over $1 million for unpaid commissions. Prior to trial, T & M and Timco entered into a stipulation in which the parties agreed to submit T & M's claims against Timco to binding arbitration. Prior to the hearing on the motion for relief from stay, ......read more.


Summary: 351 F. Supp. Before the Court is Defendant's pro se motion to modify his sentence pursuant to 18 U.S.C. § 3582(c), which argues that Amendment 599 to the United States Sentencing Guidelines allows for a reduction of his sentence.


Summary: 246 B.R. 296 (2000) FOOTHILL CAPITAL CORPORATION, Plaintiff-Appellant, v. OFFICIAL UNSECURED CREDITORS' COMMITTEE OF MIDCOM COMMUNICATIONS, INC., Defendant-Appellee. The parties in this bankruptcy appeal essentially dispute whether it was proper for the Appellant, Foothill Capital Corporation ("Foothill"), to receive a prioritized payment of a monetary premium from the debtor, Midcom Communications, Inc. ("Midcom"), under the terms of a pre-bankruptcy financing agreement between these two compan......read more.


Summary: (2008) Cheryl KING, Plaintiff, v. Patricia CARUSO, Richard Stapleton, and Ann Baerwalde, Defendants. Presently before the Court is the report and recommendation issued on January 18, 2008 by Magistrate Judge Steven D. Pepe, recommending that I grant summary judgment to the Defendants in this matter. On January 28, 2008, Plaintiff Cheryl King (King) filed timely objections. However, in Plaintiff King's objections, she contends that the magistrate erred in several respects: (1) the magistrate impr......read more.


Summary: 536 F. Supp. OPINION GRANTING Focus: HOPE'S PETITION FOR COSTS FEIKENS, Chief Judge. See, Greenspan, et al. v. Automobile Club of Michigan, et al., 495 F. Supp. Nonetheless, defendant disputes Focus: HOPE's entitlement to costs.[*] It argues that Focus: HOPE is not covered by the section because, first, Focus: HOPE was not the prevailing party and, second, because Focus: HOPE was not an attorney for the class nor did it even provide "legal" services. In Northcross v. Board of Education of Memphi......read more.


Summary: 200 F. Supp. 2d 762 (2002) Craig WRUBEL, Individually; Brenda Wrubel, Individually, and as Next Friend of Plaintiff, Ryan Wrubel, a Minor, Plaintiffs, v. Michael BOUCHARD, Individually, and in his representative capacity as the Oakland County Sheriff; Sergeant Jane Boudreau, Individually and in her representative capacity as a Deputy Sheriff for the Oakland County Sheriff's Department; Sergeant Gary Miller, Individually, and in his representative capacity as a Deputy Sheriff for the Oakland Coun......read more.


Summary: 952 F. Supp. Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted). 2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984). See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). Ashbrook v. Block, 917 F.2d 918, 921 (6th Cir.1990). Thomas v. Hoyt, Brumm & Link, Inc., 910 F. Supp. 1280, 1285-86 (E.D.Mich.1994); Byrnes v. Frito-Lay, Inc., 811 F. Supp. Transou v. Electronic Data Systems, 767 F. Supp. Thomas v. Hoyt, Brumm & Link, Inc., 910 F.......read more.


Summary: 408 F. Supp. Petitioner Bernard Stroble, presently serving a life sentence for murder at the State Prison of Southern Michigan at Jackson (Jackson), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 raising two claims: (1) that Michigan failed to try him on the murder charge within 120 days after he was brought to Michigan from New York for trial contrary to the provisions of the Interstate Agreement on Detainers, M.C.L.A. 780.601 et seq., and that the holding of the ......read more.


Summary: 175 F. Supp. 2d 925 (2001) Michael V. MATSON, Petitioner, v. MICHIGAN PAROLE BOARD, Respondent. I. Introduction Petitioner Michael V. Matson, a state inmate currently incarcerated at the Gus Harrison Correctional Facility in Adrian, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed an application for leave to appeal the parole board's decision to the Saginaw County Circuit Court. The doctrine of procedural default provides: In all ca......read more.


Summary: 669 F. Supp. In Meyer, Goldberg Inc. of Lorain v. Goldberg, 717 F.2d 290, 292 (6th Cir.1983), the Court of Appeals stated: The Supreme Court has yet to comprehensively define, if such definition is possible, the nature of the `interest' prerequisite to intervention as of right. Similarly, in Brewer v. Republic Steel Corp., 513 F.2d 1222, *803 1223 (6th Cir.1975), this Court stated that a `direct, substantial, interest in [the] litigation' is required by Rule 24(a)(2). Crosby Steam Gage & Valve C......read more.


Summary: 802 F. Supp. In Miles, the Supreme Court ruled that a parent of a Jones Act seaman could not recover loss of society damages under a general maritime law claim of unseaworthiness. Total interpret's Miles' holding to mean that in any action involving a Jones Act seaman's claim for personal injury, nonpecuniary damages, such as punitive damages, are not available. The Supreme Court ruled that such damages were not available, reasoning that since such nonpecuniary damages were not available under t......read more.


Summary: 553 F. Supp. Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924 (5th Cir.1975), and Strong v. Demopolis City Board of Education, 515 F. Supp. In Reeb v. Economic Opportunity Atlanta, Inc., 516 F.2d 924, 930 (5th Cir.1975), the court held that, in circumstances where plaintiff claimed defendant had actively sought to mislead her and that a reasonable person would not have been aware of the claim, "the statute does not begin to run until the facts which would support a cause of action are ap......read more.


Summary: 412 F. Supp. This action was instituted by plaintiffs to recover for alleged waste committed by defendant, which is the lessee of property owned by plaintiffs in the City of Detroit. Plaintiffs leased the property involved, on which was located a service station, to defendant on November 29, 1956. Plaintiffs commenced this action on May 9, 1975, claiming that the conduct of the defendant constituted waste under M.S.A. § 27A.2919. The complaint makes allegations of two sorts regarding the conduct......read more.


Summary: 469 F. Supp. Upon his refusal, I adjudged him in contempt and remitted him to the custody of the U.S. Marshal until such time as he chose to testify, but in no event was his custody to exceed the life of the grand jury or eighteen (18) months. THE PROCEDURAL BACKGROUND OF THE CASE On January 11 Andrews filed a motion to vacate the January 3 order on double jeopardy grounds and, in the alternative, to modify the order to provide that in no event should he be kept in custody after April 23, 1979 s......read more.


Summary: 265 F. Supp. 2d 835 (2003) Stella ROMANSKI, Plaintiff, v. DETROIT ENTERTAINMENT, L.L.C. d/b/a MotorCity Casino, a Michigan Corporation, Marlene Brown, Gloria Brown, Robert Edwards, and Joetta Stevenson, Jointly and Severally, Defendants. Robert F. MacAlpine, John B. Farrell, Garan Lucow, Detroit, MI, for Defendants. It occurred to Ms. Romanski that it was almost time for her to meet her friends for lunch, accordingly, she requested to at least have lunch with her friends; a security officer, how......read more.


Summary: 495 F. Supp. Now before the Court are Plaintiff Kelly Services, Inc.'s ("Kelly") motion for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a); Defendant Ned Noretto's ("Noretto") motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2); and Defendant Noretto's motion to dismiss or transfer for improper venue, pursuant to 28 U.S.C. §§ 1391, 1406.Kelly alleges that, as part of his employment and specific position with Kelly, ......read more.


Summary: 188 F. Supp. 2d 265 (1986); Martin v. Ohio Turnpike Commission, 968 F.2d 606, 608 (6th Cir.1992). Id.; Feliciano v. City of Cleveland, 988 F.2d 649, 654 (6th Cir.1993). Lucas v. Leaseway Multi Transportation Service, Inc., 738 F. Supp. Anderson, 477 U.S. at 252, 106 S. Ct. 2505; see Cox v. Kentucky Department of Transportation, 53 F.3d 146, 150 (6th Cir.1995). United States v. Williams, 114 F. Supp. During oral argument, Plaintiff's counsel cited United States v. Freeman, 209 F.3d 464 (6th Cir.2......read more.


Summary: 338 F. Supp. Summarizing briefly, under the Technical Exchange Agreement, so negotiated, plaintiff and defendant agreed to provide to each other during the term of their agreement, all information concerning "hardware" (e. g., specifications, designs, production drawings, changes, improvements, and new designs relating to computer components) and "software" (i. e., programs and controls that are read into a computer) that came into the legal possession of either party and which related to any ph......read more.


Summary: 300 F. Supp. Plaintiff AutoAlliance International, Inc. (AutoAlliance), formerly Mazda Motor Manufacturing (USA) Corporation, filed a two count complaint against the United States Customs Service (Customs) seeking the production of certain agency records as well as the return of a $2,239.36 audit fee. The Court granted AutoAlliance's motion for summary judgment on count II, finding that Customs improperly assessed the audit fee. Thereafter, following an in camera review of documents being withhe......read more.


Summary: 503 F. Supp. Lumber Production & Industrial Workers v. Champion International Corporation, 486 F. Supp. E. g., UAW v. LaCrosse Cooler Co., 406 F. Supp. 1213 (W.D.Wis.1976); Communication Workers of America v. Pacific Telephone and Telegraph Co., 462 F. Supp. In United Mine Workers v. Jones & Laughlin Steel, 378 F. Supp. Finally, Barbario v. Anchor Motor Freight, 421 F. Supp.