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Kalitta Air, LLC v. Gsbd & Assocs., LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Mar 4, 2013
Civil Action No. 12-CV-13554 (E.D. Mich. Mar. 4, 2013)

Opinion

Civil Action No. 12-CV-13554

03-04-2013

KALITTA AIR, LLC, Plaintiff, v. GSBD & ASSOCIATES, LLC, et al., Defendants.


HON. BERNARD A. FRIEDMAN


ORDER DENYING THE WESTMAN'S MOTIONS TO DISMISS

Defendant Scott Westman has filed a pro se "Motion to Dismiss Defendant on all Counts" [docket entry 62]. Defendant Cynthia Westman has filed a pro se "Motion to Dismiss Defendant on Common Law Conversion Count (VI) (6), Common Law Conspiracy Count (VIII) (8), Equitable Relief Count (X)(10) [docket entry 89]. Defendants seek dismissal on the grounds that they had no involvement in the alleged scheme and did not profit from it.

These motions must be denied because they do not seek dismissal for any of the reasons listed in Fed. R. Civ. P. 12(b) (i.e., lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process or service of process, failure to state a claim or failure to join a required party). Defendants' argument - essentially, that they were not involved and did nothing wrong - goes to the merits of the claims, not to whether claims has been stated and are procedurally proper. Defendants therefore do not seek dismissal under Rule 12(b) but rather summary judgment under Rule 56, and generally a party may not seek summary judgment until after the opposing party has had a fair opportunity to conduct discovery. Accordingly,

IT IS ORDERED that defendant Scott Westman's motion to dismiss [docket entry 62] is denied. The hearing on this motion is canceled.

IT IS FURTHER ORDERED that defendant Cynthia Westman's motion to dismiss [docket entry 89] is denied. The hearing on this motion is canceled.

____________________

BERNARD A. FRIEDMAN

SENIOR UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was sent to parties of record on March 4, 2013 electronically or by U.S. mail.

Michael Williams

Relief Case Manager for the Honorable

Bernard A. Friedman


Summaries of

Kalitta Air, LLC v. Gsbd & Assocs., LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Mar 4, 2013
Civil Action No. 12-CV-13554 (E.D. Mich. Mar. 4, 2013)
Case details for

Kalitta Air, LLC v. Gsbd & Assocs., LLC

Case Details

Full title:KALITTA AIR, LLC, Plaintiff, v. GSBD & ASSOCIATES, LLC, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Mar 4, 2013

Citations

Civil Action No. 12-CV-13554 (E.D. Mich. Mar. 4, 2013)