Commodities Export Company v. Detroit, City of et al, No. 2:2009cv11060 - Document 121 (E.D. Mich. 2010)
Court Description: OPINION AND ORDER denying as Moot 54 Motion for Partial Summary Judgment as to the Claims of the Detroit International Bridge Company. Signed by District Judge Robert H Cleland. (LWag)
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION COMMODITIES EXPORT COMPANY, Plaintiff/Counter-Defendant, Case No. 09-CV-11060-DT v. CITY OF DETROIT, UNITED STATES OF AMERICA, Defendants/Cross-Defendants, and DETROIT INTERNATIONAL BRIDGE COMPANY, Defendant/Counter-Plaintiff/CrossPlaintiff/Third Party Plaintiff, v. WALTER LUBIENSKI and DEAN AYTES, Third Party Defendants. / OPINION AND ORDER DENYING AS MOOT COUNTER DEFENDANT AND THIRD PARTY DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO THE CLAIMS OF THE DIBC Before the court is a Motion for Summary Judgment as to the Claims of the DIBC, filed by Counter Defendant Commodities Export Company and Third Party Defendants Walter Lubienski and Dean Aytes. The motion is opposed by Counter Plaintiff/Third Party Plaintiff Detroit International Bridge Company ( DIBC ). The court has issued an order dismissing without prejudice all state law claims in this case. Thus, the issues raised in this motion are now moot. Accordingly, IT IS ORDERED that the Motion for Summary Judgment as to the Claims of the DIBC [Dkt. # 54] is DENIED AS MOOT. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: September 30, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, September 30, 2010, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\Cleland\JUDGE'S DESK\C3 ORDERS\09-11060.COMMODITIES.DenyAsMootCounterClaimSJ.wpd 2
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