Opinion
No. 09-14221
04-30-2013
ALLEN QUIGLEY, as Administrator of the Estate of SCOTT QUIGLEY, JR., Plaintiff, v. TUONG V. THAI, M.D., Defendant.
Hon. Gerald E. Rosen
ORDER DENYING DEFENDANT'S MOTION FOR
JUDGMENT ON THE PLEADINGS
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on April 30, 2013
PRESENT: Honorable Gerald E. Rosen
United States District Chief Judge
On April 29, 2013, one day before the scheduled Final Pretrial Conference, Defendant Thai filed the instant Motion for Judgment on the Pleadings. Pursuant to the Scheduling Order in this case, as amended, the dispositive motion cut-off was December 30, 2010. Because Defendant's Motion for Judgment on the Pleadings was not timely filed,
This is the third dispositive motion filed by Defendant Thai. The Court denied both of Thai's previous dispositive motions, and the most recent denial was affirmed by the Sixth Circuit Court of Appeals.
IT IS HEREBY ORDERED that Defendant's Motion for Judgment on the Pleadings [Dkt. # 74] is DENIED.
Defendant's alternative request for "Relief from Order pursuant to Rule 60(b)(6)" is also denied. As Defendant himself admits, Rule 60(b)(6) is reserved for "extraordinary" situations. Defendant's failure to pursue his argument for dismissal of Plaintiff's state law claim of gross negligence in his prior dispositive motions do not present such extraordinary circumstances warranting Rule 60(b)(6) relief.
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Gerald E. Rosen
Chief Judge, United States District Court
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 30, 2013, by electronic and/or ordinary mail.
Julie Owens
Case Manager, (313) 234-5135