J. R. Davis Company, Inc. v. Jacobson MFG., LLC, No. 2:2015cv10066 - Document 28 (E.D. Mich. 2015)

Court Description: SUPPLEMENTAL MEMORANDUM re 27 Memorandum Opinion & Order Signed by District Judge Avern Cohn. (SCha)

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J. R. Davis Company, Inc. v. Jacobson MFG., LLC Doc. 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION J.R. DAVIS COMPANY, INC., Plaintiff, -vs- Case No. 15-10066 JACOBSON MFG., HON. AVERN COHN Defendant. ______________________________________/ SUPPLEMENTAL MEMORANDUM This is a post-termination sales commission dispute case. On September 22, 2015, the Court entered a Memorandum and Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint (Doc. 27). Prior to entering this Order, the parties stipulated to the entering of a Second Amended Complaint (Doc. 23) and only recently withdrew the Motion to Dismiss Plaintiff’s First Amended Complaint (Doc. 26). Therefore, the Second Amended Complaint is the governing complaint and the Order regarding Defendant’s motion to dismiss Plaintiff’s First Amended Complaint is moot. However, as the Court noted in its Order, declaratory judgment is not a freestanding claim, but rather a form of relief. See Stroh Props. v. City of Detroit, 2013 WL 626478, *3 (E.D. Mich. Feb. 20, 2013)(citing Int’l Ass’n of Machinists and Aerospace Workers v. Tenn. Valley Auth., 108 F.3d 658, 668 (6th Cir. 1997)). “Equitable relief is, by its nature, a remedy, rather than a cause of action.” Id. Accordingly, Count III for 1 Dockets.Justia.com declaratory judgment in the Second Amended Complaint is DISMISSED but declaratory judgment remains a form of available relief moving forward. SO ORDERED. s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: September 24, 2015 Detroit, Michigan 2

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