PNC Bank, National Association, successor by merger to National City Bank, a national banking association v. Legal Advocacy, P.C. et al, No. 4:2016cv13258 - Document 217 (E.D. Mich. 2021)
Court Description: OPINION and ORDER GRANTING PLAINTIFF'S 213 MOTION COMPEL CREDITOR'S EXAMINATION OF NORMAN A. YATOOMA Signed by District Judge Linda V. Parker. (AFla)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PNC BANK, Plaintiff, v. Civil Case No. 16-cv-13258 Honorable Linda V. Parker LEGAL ADVOCACY, P.C., f/k/a NORMAN YATOOMA & ASSOCIATES, P.C. and NORMAN YATOOMA, Defendants. __________________________/ OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL CREDITOR’S EXAMINATION OF NORMAN A. YATOOMA [ECF No. 213] On September 9, 2016, Plaintiff PNC Bank commenced this lawsuit alleging a breach of promissory note and breach of the guaranty against Defendant Legal Advocacy, P.C., f/k/a Norman Yatooma & Associates, P.C. and Defendant Norman A. Yatooma (collectively “Defendants”). (ECF No. 1.) On February 11, 2020, a Judgment was entered in favor of Plaintiff against Defendants, jointly and severally, in the amount of $2,141,524.68. (ECF No. 86.) The matter is presently before the Court on Plaintiff's Motion to Compel Creditor's Examination of Legal Advocacy and Norman A. Yatooma. (ECF No. 213.) On October 18, 2021, Defendants filed a response to the motion stating that they “do not disagree to sit for a creditors exam” but asking that the exam be held via Zoom and on specified dates in October. (ECF No. 214 at Pg ID 2072.) On October 19, 2021, Defendant Legal Advocacy filed a “Notice of Automatic Stay [] By Virtue of [their] Bankruptcy Filing”. (ECF No. 215.) Plaintiff filed a reply on the same date requesting “an [o]rder [c]ompelling Defendant Norman Yatooma individually to appear for a creditor’s examination at a date and time mutually agreeable to the parties…”. (ECF No. 216 at Pg ID 2088.) Plaintiff is entitled to the relief it seeks. See Fed. R. Civ. P. 69(a)(2); Mich. Comp. Laws § 600.6104. Accordingly, IT IS ORDERED that Plaintiff’s Motion to Compel Creditor’s Examinations of Norman A. Yatooma is GRANTED, and Defendant shall appear for creditor's examination within thirty (30) days of this Opinion and Order. IT IS FURTHER ORDERED that Plaintiff’s Motion to Compel Creditor’s Examination of Defendant Legal Advocacy shall be DENIED without prejudice. IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: October 25, 2021 2
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