B.A. Construction Management v. Knight Enterprises, Inc.

Full title: B.A. CONSTRUCTION MANAGEMENT, INC., a Michigan corporation and B.A. REAL…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jul 12, 2006

Case No. 04-73910 (E.D. Mich. Jul. 12, 2006)

Opinion

Case No. 04-73910.

July 12, 2006

ORDER

PAUL BORMAN, District Judge

On April 11, 2006, the Court granted summary judgment in favor of Plaintiffs, leaving the issue of damages to be decided at trial. Plaintiff's Summary Judgment Motion did not dispose of Defendant/Third Party Plaintiff's Counterclaim, alleging breach of contract and requests damages.

After reviewing Defendant/Third Party Plaintiff Knight Enterprises' Counterclaim against Plaintiffs B.A. Construction and B.A. Real Estate, the Court finds that issues included in the Counterclaim relate to damages, the same damage issues to be presented at a jury trial on Plaintiff B.A. Construction and B.A. Real Estate's claims, and is thus intertwined with Plaintiff's damages request, and Defendant/Third Party Plaintiff's responses to those damage claims.

Therefore, the Court will not entertain any motions relating to Defendant/Third Party Plaintiff's Counterclaim, as the time for filing motions has passed. The Court requests an updated Final Pre-Trial Order reflecting the Court's April 11, 2006, April 19, 2006, and today's order, to be filed with the Court no later than July 24, 2006. At that time, the Court will schedule a trial date.

SO ORDERED.