Ghiaciuc v. Bank of America, N.A., et alEx Parte MOTION to Reopen CaseE.D. Mich.December 1, 2013UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRI CT OF MICHIGAN SOUTHERN DIVISION MICHAEL J. GHIACIUC, PLAINTIFF, 4:13-cv-12756-TGB-DRG V. CASE #: 13-12756 HON. TERRENCE G. BERG BANK OF AMERICA, N.A. a MAGISTRATE DAVID R. GRAND foreign corporation, BAC HOME LOANS SERVICING, LP, a foreign limited partnership, NATIONSBANC MORTGAGE CORPORATION, NATIONSBANK CORPORATION, both foreign corporations, FANNIE MAE a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATIONS, Joint and several. DEFENDANTS. Joseph H. McKoan IV(P55642) Bodman PLC Atty. for Defendants Attorney for Plaintiff by: Trevor M. Salaski(P74703) 8061 Marsh Rd. P.O. Box 312 1901 Saint Antoine St. Fl 6 Algonac, MI 48001 Ford Field 810-794-9379 Detroit, MI 48226 jmckoan@mckoanlaw.com tsalaski@bodmanlaw.com PLAINITIFF'S EX-PARTE MOTION TO RE-OPEN CASE NO. 13 -12756 Plaintiff, by way his attorney, hereby files his Ex-Parte Motion to Re-Open the above referenced case and allow Plaintiff's case to proceed on the merits. Plaintiff further states in support of his Motion the following: 1. That Plaintiff is in exercise of his absolute right given him by this Honorable Court to re-open said case by December 2, 2013. 2. That previous hereto, this case was administratively closed on 9/24/2013 to pursue settlement negotiations. 3. That Plaintiff necessarily relied upon Defendants good faith actions. 4. To date, nothing at all has been forthcoming from Defendants in the pursuit of a just settlement, making the filing of this motion absolute y necessary. 4:13-cv-12756-TGB-DRG Doc # 15 Filed 12/01/13 Pg 1 of 3 Pg ID 196 5. That due to this Honorable Court's Plaintiff approaching deadline, Plaintiff is required to file this Motion to Re-Open the case in order to preserve Plaintiff's claim and allow the proceeding to be adjudicated. 6. In order to assure Plaintiff's rights within this action are Preserved, this Motion is brought. Wherefore, Plaintiff Requests that this Honorable Court hereby Order the Following: a. Re-Open this cause allowing Plaintiff to proceed on the merits of the case as is allowed by way of this Court's administrative Order. b. Add this case to the Court's docket in accordance with the Court's procedure. c. Grant such other relief as this court deems equitable including but not limited to attorney fees, costs, and other relief appropriate under the circumstances. Respectfully Submitted, /s/Joseph H. McKoan IV Joseph H. McKoan IV(P55642) Attorney for Plaintiff 8061 Marsh Road P.O. Box 312 Algonac, MI 48001 810-794-9379 jmckoan@mckoanlaw.com Dated: December 1, 2013 4:13-cv-12756-TGB-DRG Doc # 15 Filed 12/01/13 Pg 2 of 3 Pg ID 197 Certificate of Service I, hereby certify that on DECEMBER 1, 2013, I electronically filed the foregoing pleading with the Clerk of the Court using the ECF system as required. /s/JOSEPH H. McKOAN IV Joseph H. McKoan IV (p55642) Attorney for Plaintiff 8061 Marsh Rd. P.O. Box 312 Algonac, MI 48001 810-794-9379 jmckoan@mckoanlaw.com 4:13-cv-12756-TGB-DRG Doc # 15 Filed 12/01/13 Pg 3 of 3 Pg ID 198
