Case No. 10-62263, Adv. Pro. No. 10-7012.United States Bankruptcy Court, E.D. Michigan, Southern Division.
December 21, 2010
ORDER DENYING DEFENDANT’S MOTION TO DISMISS, WITHOUT PREJUDICE, AND CANCELLING DECEMBER 22, 2010 HEARING
THOMAS TUCKER, Bankruptcy Judge
This adversary proceeding is before the Court on the motion filed by Defendant on November 12, 2010, entitled “Motion to Dismiss Complaint for Failure to State a Claim for Which Relief May be Granted . . .” (Docket # 8, the “Motion”).[1] Plaintiff filed a response to the Motion on November 24, 2010 (Docket # 12, the “Response”). The Motion is currently scheduled for hearing on December 22, 2010 at 10:00 a.m.
The Court has reviewed the Motion and the Response, and notes that neither the Motion nor the Response was accompanied by a brief, as required by local rule. L.B.R. 9014-1(e)(1) (E.D. Mich.) requires that “a brief, not more than 20 pages in length, shall be filed in support of and in opposition to . . . a motion in an adversary proceeding.”
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The Court also concludes that neither the Motion nor the Response is adequately supported by a discussion of the applicable law, or of the application of such law to the allegations made in Plaintiff’s complaint.
For each of these reasons, the Court will exercise its discretion to deny the Motion, without prejudice, as stated below. Accordingly,
IT IS ORDERED that the Motion (Docket # 8) is denied, without prejudice to Defendant’s right to file a new motion seeking the same relief, provided that such motion is accompanied by a brief, as required by local rule, and by an adequate discussion of applicable law and the application of such law to the allegations of Plaintiff’s complaint.[2]
Signed on December 21, 2010