Case No. 95-48268, Adv. Pro. No. 03-4950.United States Bankruptcy Court, E.D. Michigan, Southern Division.
May 6, 2011
ORDER DENYING, WITHOUT PREJUDICE, PLAINTIFF’S “MOTION FOR ORDERS FINDING COMERICA BANK AND COUNSEL IN CONTEMPT, [ETC.]” (DOCKET # 496)
THOMAS TUCKER, Bankruptcy Judge
This adversary proceeding is before the Court on Plaintiff Trustee’s motion filed on May 2, 2011, entitled “MOTION FOR ORDERS FINDING COMERICA BANK AND COUNSEL IN CONTEMPT OF COURT AND GRANTING OTHER RELIEF BASED ON DISCOVERY FRAUD” (Docket # 496, the “Contempt Motion”). The Court concludes, sua sponte, that the relief in this Order is necessary and appropriate, for the following reasons. The Court has previously ruled and stated to the parties, repeatedly, that no summary judgment or other potentially-dispositive motions are to be filed in this adversary proceeding until discovery is completed.[1] There is to be one, and only one, round of potentially dispositive motions in this
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case, after all discovery is finished. The Court reiterates that ruling now, and clearly, all discovery is not yet finished.
Yet, the Contempt Motion seeks, among other things, dispositive relief, in the form, ultimately, of a default judgment against Comerica Bank and possibly other defendants.[2] As such, the motion is premature and out of rule. Accordingly,
IT IS ORDERED that the Contempt Motion (Docket # 496) is denied, without prejudice to the Plaintiff Trustee’s right to do either or both of the following: (1) file a new, similar motion that seeks only relief relating to Plaintiff obtaining further discovery and/or monetary sanctions for alleged discovery violations, but not relief including any default judgment or relief establishing conditions under which a default judgment will be entered against any party; and/or (2) file a motion seeking a default judgment or other dispositive relief, on any and all grounds that Plaintiff wishes to argue, but only after all discovery is concluded.