Opinion
Case No. 07-13748.
December 11, 2007
OPINION AND ORDER
On September 6, 2007, Franklin Bank ("Plaintiff" or "Franklin Bank") filed this lawsuit against Michael Edward Tindall ("Tindall"), in his individual capacity and as trustee of MART Trust ("MART"), Tindall Company, P.C. ("T C"), Cadieux Corp., Inc. ("Cadieux"), Michigan Catholic Credit Union ("MCCU"), Michigan First Mortgage ("MFM"), and the United States of America. Presently before this Court are: (1) Cadieux's and Tindall's "Joint Motion . . . to Dismiss Counts IV, V, and IX and for Award of Costs and Attorney Fees"; and (2) MART's "Motion to Stay all Proceedings Pursuant to Colorado River Abstention Doctrine." The Court held a hearing on these motions on December 11, 2007.
On November 13, 2007, by stipulation of the parties, the United States of America was dismissed without prejudice. (Doc. No. 39.)
For the reasons stated on the record at the December 11, 2007 hearing,
IT IS ORDERED that Cadieux's and Tindall's Motion to Dismiss Counts IV, V, and IX and for Award of Costs and Attorney Fees is DENIED. IT IS FURTHER ORDERED that MART's Motion to Stay All Proceedings Pursuant to the Colorado River Abstention Doctrine is DENIED.