Lebby v. Proctor & Gamble Co.

Full title: JOHN LEBBY, Plaintiff, v. PROCTOR & GAMBLE COMPANY and ASTRA ZENECA…

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

Date published: Dec 19, 2018

CASE NO. 18-13711 (E.D. Mich. Dec. 19, 2018)

Opinion

CASE NO. 18-13711

12-19-2018

JOHN LEBBY, Plaintiff, v. PROCTOR & GAMBLE COMPANY and ASTRA ZENECA MANUFACTURING COMPANY, Defendants.

HON. GEORGE CARAM STEEH

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

Plaintiff filed his complaint against Proctor & Gamble Company and Astra Zeneca Manufacturing Company on November 28, 2018, without payment of the filing fee. After receiving a notice of deficiency from the clerk's office, Plaintiff filed an application to proceed in forma pauperis on December 11, 2018. The court will grant Plaintiff's application in a separate order.

Plaintiff has also filed a motion for summary judgment, alleging that Defendants are in default because they have failed to respond to the complaint. Because they have not been served, however, Defendants have not received notice of the complaint. Therefore, Plaintiff's motion is premature and will be denied.

IT IS HEREBY ORDERED that Plaintiff's motion for summary judgment (Doc. 7) is DENIED. Dated: December 19, 2018

s/George Caram Steeh

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

December 19, 2018, by electronic and/or ordinary mail and

also on John Lebby,18425 Hickory Street, Detroit, MI 48205.

s/Barbara Radke

Deputy Clerk