Opinion
No. 99-CV-70264-DT
June 26, 2002
MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment, filed April 17, 2002. The Estate of Leonard Jaques did not file a Response to Plaintiffs Motion; however, Defendant The Jaques Admiralty Law Firm, P.C. filed a Response on April 22, 2002. Pursuant to Local Rule 7.1 (e)(2), the Court determines that no oral arguments are required to decide Plaintiffs Motion. Based on the briefs submitted, the Court GRANTS Plaintiffs Motion.
Plaintiff filed its Motion for Summary Judgment on December 1, 1999. The motion was heard on June 12, 2000 and remains pending. Plaintiffs instant Motion informs the Court that "[i]n the two years since Plaintiff filed its motion, two courts in three cases have addressed the main issue raised in Plaintiffs motion." See Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment at ¶ 2. Plaintiff seeks to supplement the authority for its Motion for Summary Judgment with the following cases: Oade v. Jackson Nat. Life Ins. Co., 465 Mich. 244, 632 N.W.2d 126 (2001); Martin v. Banner Life Ins. Co., Case no. 00-39 (W.D. Mich. March 22, 2001); and Monumental Life Ins. Co. v. Galbreth, Case No. 00-121 (W.D. Mich. Dec. 19, 2001). See Pl.'s Br. in Supp. of Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiff s Motion for Summary Judgment at 1. Plaintiff has attached these three cases to its Motion.
Defendant's Response indicates that, while the above cited cases "do not add anything to the pertinent legal issues in this case," Defendant has no objection to the Court granting Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment, "so long as that order grants the Jaques Admiralty Law Firm, P.C. an equal opportunity to provide the [C]ourt with supplemental authority developed since the original filing of the motion and reply." See Resp. of Def, The Jaques Admiralty Law Firm, P.C., only, to Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment and Brief in Response at 1-2. Plaintiffs did not file a Reply to Defendant's Response.
Having considered the arguments, the Court GRANTS Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment, and GRANTS Defendant's request to file supplemental authority in support of its Response to Plaintiffs Motion for Summary Judgment.
Accordingly,
IT IS HEREBY ORDERED THAT Plaintiffs Motion for Leave to File Supplemental Authority in Support of Plaintiffs Motion for Summary Judgment (Docket # 76, filed April 17, 2002) is GRANTED.
IT IS FURTHER ORDERED THAT Defendant The Jaques Admiralty Law Firm, P.C. shall file its own supplemental authority in support of its response to Plaintiffs motion for summary judgment by June 17, 2002.