Preview
. THIRD JUDICIAL CIRCUIT OF MICHI
REGISTER 0F ACTIONS
CASE NO. 21-000273—CB
ML CHARTIER, INC. v UNITED TANK TRAILER § Location: Civil Division
CO. § Judicial Officer: Allen, David J.
§ Filed on: 01/08/2021
§ Other Court: 20-001043-CB
§
CASE INFORMATION
Case Type: (CB) - Business Court
Case .
01/08/2021 Open Inactive
Status:
DATE CASE ASSIGN M EN'I‘
Current Case Assignment
Case Number 21-000273-CB
Court Civil Division
Date Assigned 01/08/2021
Judicial Officer Allen, David J.
PARTY INFORMA'I'ION
Lead Attorneys
Plaintiff ML CHARTIER, INC. Grant, Brian C.
Retained
(586) 726-1000(W)
Defendant UNITED TANK TRAILER CO. Panagos, Bill C
Retained
(248) 564-1635(W)
DATE EVEN'I'S & ORDERS OF THE COURT INDEX
01/08/2021 Complaint, Filed
TRANSFER FILE FROM ST CLAIR COUNTY CIRCUIT COURT (CASE NUMBER 20-001 043-
CB)PROPOSED REISSUED ORDER GRANTING DEFENDANT'S MOTION T0 CHANGE
VENUE T0 THE WA YNE COUNTY BUSINESS COURT PER JUDGE MICHAEL L. WEST
01/08/2021 Service Review Scheduled
01/08/2021 Business Court - Status Conference Hearing Review
01/08/2021 Case Filing Fee - Waived (Judicial Officer: Allen, David J. )
TEMPORARILY SUSPENDED PER MCR 2.223(8) (3)
01/08/2021 Change of Venue/Transfer File Received
04/09/2021 Status Conference - Business Court (Judicial Officer: Allen, David J.)
PAGE OF 1 l Printed on 01/08/2021 a! 10:00 AM
IMAGED
STATE 0F MICHIGAN CASE ID micourtapp
COURT 20-001043-CB 12/23/2020
318T CIRCUIT COURT
REG'STER 2:24:05 PM
ST CLAIR COUNTY 0F ACT'ONS 0/031/3 Page: 1 of 3
JudicialOfficer Date Filed Adjudication s Status
1
WEST, MICHAEL 7/20/20: TRANSFERRED 10/6/20 LOSED 10/6/20
4:345ny
PLAINTIFF 1 ML CHARTIER INC FILED: 7/20/20
ATTY: BRIANNCN. ”GRANT #71066} PRIMAIVRY RETAINED
$12900 HALL RD STE 350 STERLING HEIGHTS, MI 483i3-1174 (586) 726-1000
DEFENDANT 1 UNITED TANK TRAILER CO FILED: 7/20/20
'
BUSINESS -
10200 HARRISON ST ROMULus,IMI‘I4’8V174
Xfivvz’ BILL C ‘P‘ANAAGos # 34068 PRIMARY RETAINED
43331 w BIG BEAVERHRD STE 162 TROY; MI 43034-2813 (248) 564-1655
H > 4' ‘
'EOUNTERMPLAINTI'FF'T"IH UNiTVEb c'o F'LEDfi/zzm
TANKTRAILER
3,4668], PRIMARY; RETAINED
ATTY: BILL b PANAGos #
353i W BIG BEAVER. Rb STE “162'kaon M] 48654-5813 (248) 564-1635
COUNTER DEFENDANT 1 ML CHARTIER INC FILED: 9/22/20"
ATW: BRIAN C. GRANT # 71066 PRIMARY RETAINED
iégoo HALL RD STE 350 STERLING HEIGHTS, MI 483133 1i4 (586) 726-1000
ADName fl
586d 1 ” " y V
CASE
'
gELECTRONIc FILING
SYSTEM FEE T $25.00 .
$25.00 V, > > >
$0po
{TOTAL $175.00
Jpn,
own. FILING FEE
'
3150-09 51:50:09
PTF 1 ML CHARTIER . 4 _ . _ _
M w,
INC :ELECTRONIC FILING
(SYSTEM FEE 3 I M $25.09. fiasco
)TOTAL $17500: H$ 75109:
A ‘
n
DEF1UNITEDTANK MOTION FEE ‘
TRAILER CO \ u
$20100 y, \
V
$20100 M H A
y§q.oo‘;
; TOTAL f
$20.oo§ $20.00: $o.oo§
Activity Date Activity User E Entry Date
H
97563?“ SUMMONE ANDEOMéLAINT $175.00 kab 7/20/20
PTF 1 ML CHARTIER INC
DEF 1 UNITED TANK TRAILER co
ELECTRONIC FILING SYSTEM FEE $25.00
DUE DATE: 7120/20
IMAGED
STATE OF MICHIGAN CASE ID micourtapp
COURT 20-001 043-CB 12/23/2020
318T CIRCUIT COURT
REGISTER 2:24:05 PM
ST CLAIR COUNTY OF ACTIONS C/C31/S Page: 2 of 3
A¢tiYiS¥
User ; Entry Date
”Aetivvitwaataéw, _ ,, ‘ H , H
CIVIL FILING FEE $150.00
DUE DATE: 7/20/20
7/20/20 RECEIVABLE ELECTRONIC FILING SYSTEM FEE $25.00 kab 7/20/20
DUE DATE: 7/20/20
PTF 1 ML CHARTIER INC
‘ V
?izd/zd RECEIVABLE CIVIL FILING FEE $550.00 kab 7/20/20'
DUE DATE: 7/20/20
PTF 1 ML CHARTIER INC
7/20/20 RECEIVABLE ELECTRONIC FILING SYSTEM FEE $25.00 kab 7/20/20
DUE DATE: 7/20/20
7/20/20 RECEIVABLE CIVIL FILING FEE $150.00 kab 7/20/20
DUE DATE: 7/20/20
I
’7/26/207"
PAYMENT $175.00 kab 7/20/20
CIVIL FILING FEE $150.00
ELECTRONIC FILING SYSTEM FEE $25.00
RECEIPT NUMBER: 0310095119
PAID BY: BRIAN GRANT
METHOD: ELECTRONIC FUND TRANSFER $175.00
LLLLLLLLL
Eiééfzo RETVURN'OFSERV‘ICE‘ - PERSONAL nik 8/26/20 I
DEF 1 UNITED TANK TRAILER co
SERVICE DATE: 7/29/20 TYPE: PERSONAL
9/3/20 MOTION CHANGE VENUE $20.00 nik 9/3/20
nik 9/3/20,
DEF 1 UNITED TANK TRAILER CO
MOTION FEE $20.00
DUE DATE: 9/3/20
RECEIPT: 031.0097404
9/3/20 RECEIVABLE} MOTION FEE $20.00 nik 9/3/20
DUE DATE: 9/3/20
DEF 1 UNITED TANK TRAILER CO
9/3/20 PAYMENT $20.00 nik 9/3/20
MOTION FEE $20.00
RECEIPT NUMBER: 031.0097404
PAID BY: UNITED TANK TRAILER CO
METHOD: ELECTRONIC FUND TRANSFER $20.00
é/é/zo MOTION FOR CHANGE 0F VENUE; SET 10/5/20 10:35 A jmc 9/9/20
Loc: 3100
‘
"éis‘iéd PRAECIPE nik 9/9/20
M '
"9/1‘5/26”
ANSWER, CIVIL AFFIkMAT'IVE béFENWS‘Es, COUNTERCLAIM kab 9/21/20
DEF 1 UNITED TANK TRAILER CO
ANSWER DATE: 9/17/20
ATTY: BILL C PANAGOS # 34068
10/1/20 ANSWER TO MOTION OPPOSING VENUE CHANGE n k 1 0/2/20
PTF 1 ML CHARTIER INC
IMAGED
STATE 0F MICHIGAN CASE ID micourtapp
COURT 20-001 043-CB 12/23/2020
313T CIRCUIT COURT
REG'STER 2:24:05 PM
ST CLAIR COUNTY 0F ACT'ONS c/cs1/s Page: 3 of 3
User Entry Date
Activity Date E
WWW ‘
Activity
‘ ‘
10/5/20 MOTION 10/5/20 10:35 AM jmc 1015/20
Loc: 3100
COURT REPORTER; K SCHWEIKART, #3271
ATTYs PANAGos, GRANT AND SCOTT APPEARED VIA 200M;M0TI0N FOR CHANGE 0F VENUE
GRANTED;ORDER ENTERED;
HELD
I H
’1o)6/2"O "VORDER FOR CHANGE 0F VENUE To WAYNE coU'NfY-V éLTii Tb PAY nik 10/7/20
FILE FEES To NEW COURT- SENT FILE TODAY A WELL
DISPOSITION: TRANSFERRED 10/6/20
DEF 1 UNITED TANK TRAILER co
CDEF 1 ML CHARTIER INC
H
10/‘6/26' CLOSE CASE STATUS nik 10/22/20
A > y ’ >
"36/8750” ANSWER. CIVIL nik 10/9/20
CDEF 1 ML CHARTIER INC
ANSWER DATE: 10/8/20
ATTY: BRIAN c. GRANT # 71066
”35/2535wa ORDER 2ND ORbER To AT'RAN’SWIEER CASE To WAYNE §
n.
12/23/20
:
IMAGED
5—} S _Y ”wk?“
mm o u
STATE OF MICHIGAN
IN Tfi CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR
ML CHARTIER, INC., )
)
Plaintiff, ) Case No. 2020-1043-CB
) Hon. Michael L. West
v. )
)
UNITED TANK TRAILER CO., )
)
Defendant. )
)
[PROPOSED REISSUED] ORDER
GRANTING DEFENDANT’S MOTION TO CHANGE VENUE
TO THE WAYNE COUNTY BUSINESS COURT
Following consideration of Defendant’s motion, the parties’ briefs and the oral argument,
this Court finds that venue was improperly laid in St. Clair County. In furtherance of the Order
granted on Oct. 6, 2020 and entered on Oct. 7, 2020, t0 effectuate transfer to the Wayne County
Business Court, this Court hereby reissues the original Order. That is, this Court ORDERS this
matter to be transferred from St. Clair County to Wayne County, with filing fees to be paid by
Plaintiff. Except for the filing fee, each party is to bear its own costs and fees.
m
—4
5;
”a?
M
AW‘
2 S,
SO ORDERED. pl; N
N
'H
M70 flHAIEOEH
7‘0 .D
3
/’ Z w>a x53:
H2: h.)
EEAMES
-< F.
Hon. Michael L. West
Dated: /2[31Z '10: o
IMAGED
Strin er, Nichole
From: _
Linda Kennedy <|kennedy@panip|aw.com>
Sent: Monday, December 21, 2020 2:23 PM
To: Stringer, Nichole
Cc: Bill Panagos
Subject: 3lst Judicial District; United Tank Trailer; 2020-1043—CB; Order re: Motion to Change
Venue
Attachments: Proposed Re-Issued Order.docx
Isms;onIaliag‘éxfinmmiuséifikafieJéjungnféfkt‘é ‘afcaiqnon whenopemngattachme ckagnnksweg rial I V
Ms. Stringer:
I am informed that the Court requires a Re-issued Order for the Judge to execute. Let me know if the attached editable
form will work for the judge, or if something different or additional is required.
Best regards,
Linda D. Kennedy
Partner
PANAGOS KENNEDY
3331 West Big Beaver Road
Suite 102
Troy, Michigan 48084
o 248.564.1343
c 313.670.2081
ganiplawcom
This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged,
confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message
in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you.
IMAGED
10/8/2020 ANSWER, CIVIL
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR
ML CHARTIER, INC.
PlaintitT/Countcr-Defcndant. Case No.2 2020- l 043-CB
Hon. Michael L. Wes:
V.
UNITED TANK TRAILER C0.,
Dcfcndant/Countcr—Plaintiff.
N
m S/
<_.
fl “é 2:,
O‘REILLY RANCILIO P.C. PANAGOS KENNEDY PLLC .9— 53 ~81
LAWRENCE M. SCOTT (P30228) BILL PANAGOS (P34068) (r22 gr‘?‘
gfl
BRIAN C. GRANT (P71066) LINDA KENNEDY (P64692) F1” m2
Attorneys for Plaintiff/Countcr-Dcfcndnnl Attorneys for Defendanl/Countagaing g‘g
3331 W. Big Beaver Rd.
12900 Hall Road, Suite 350 Ste. 102
g
H 5
'tf‘
Sterling Heights, MI 48313 Troy, MI 48084
'<
N
a
:0
(586) 726-1000/Fax: (586) 726-1560 (248) 564-1635
Iscou@orlaw.com bpnnagos@paniplaw.com
bgram@orlaw.com lkennedy@paniplaw.com
/
PLAINT!FF/COUNTER-DEFENDANT’S ANSWER TO COUNTERCLAIM
Plaintiff/Counter-Dcfcndant, ML Chanier, Inc. (“PlaintiWCoumer-Defendant"), states as
follows for its Answer to Countcrclaim filed by Defendant United Tank Trailer Co.:
l. Admitted.
2. Admitted.
3. Plaintiff/Counlcr-Defendant neither admits nor denies lhc allegations contained in
this Paragraph of the Complaint for the reason that il lacks knowledge or infomation
sufficient to form a belief as to the tlfuth of same and upon.which to base an answer
and, therefore, leaves Defendant/Counter-Plainlifl" lo ils strict proofs.
4. Admitted that the amount in controversy exceeds $25,000.00.
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT - FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
ALLEGATIONS
Admitted.
Plaintiff/Counter-Dcfendam neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or infomation
sufficient to fonfi a belief as to the truth of same and upon which Io base an answer
and, therefore, leaves Dcfendant/Counter-Plaintiff to its strict proofs.
PlainlifT/Counler-Defendanl neither admits nor denies the allegations contained in
this Paragraph of Ih; Complaint for the reason that it lacks knowledge or information
sufficient Io form a belief as to the truth of same and upon which lo base an answer
and, therefore, leaves Defendant/Coumer-Plaintiff lo ils strict proofs.
Admitted.
PlaintifT/Counler-Defendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient lo form a belief as to the truth of same and upon which Io base an answer
and. therefore, leaves Dcfendant/Counter-Plaintiff to its strict proofs.
.PlaintiiT/Coumcr-Defendam neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendam/Counter-Plaimiff to its strict proofs.
Plainlifl'lCounter-Defendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendant/Counter-Plaimi{T to its strict proofs.
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 31 ST CIRCUIT COURT - FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
I2. Plaintiff/Counter-Dcfendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for lhe reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves DefendanUCounter-Plaintiff to its strict proofs.
l3. Admitted.
l4. Plaintiff/Counter-Def'bndant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which lo base an answer
and, therefore, leaves Defendant/Coumer-PlaimifT to its strict proofs.
IS. Admitted.
l6. Admitted.
l7. PlaimifT/Counler-Dcfendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
vlo
sufficient to form a belief as to the truth of same and upon which base an answer
and, therefore, leaves Dcfendam/Coumer-Plaintiff to its strict proofs.
l8. Plaimiff/Coumer-Defendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient lo form a belief as to the truth of same and upon which lo base an answer
and, therefore, leaves Dcfendanl/Counler-Plainliff lo its strict proofs.
l9. PlainlifUCounter-Defcndam neither admits nor denies the allegations comained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendant/Coumer-Plaintifl" to its strict proofs.
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 313T CIRCUIT COURT - FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
20. Plaintiff/Counter-Defendanl neither admits nor denies the allegations containcd in
this Paragraph of me Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as lo lhe tmth of same and upon which to base an answer
and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs.
2|. PlaimifflCounter-Defendanl neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendanl/Coumer-Plainliff to its strict-proofs.
22. Plaimiff/Counter-Defendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as lo the truth of same and upon which to base an answer
and, therefore, leaves Defendant/Counter-Plaintiff lo its strict proofs.
23. Plainliff/Counler-Defendam neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or infom1alion
sufficient lo Form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendam/Counter-Plaimiff to its strict proofs.
24. Plaintiff/Counler-Defendam neither admits nor denies the allegations contained in
this Paragi'aph of the Complaint for the reason that i1 lacks knowledge or infommation
sufficient lo form a belief as to lhe lrulh of same and upon which to base an answer
and, therefore. leaves Defendanl/Coumer-Plaintiff to its strict proofs.
25. PlaintitT/Counter-Defendant neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient lo form a belief as lo the tmlh of same and upon which to base an answer
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT ' FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs.
26. Denied as untrue.
27. Plaimiff/Counter-Defendam neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or informalion
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs.
28. PlaintifflCounter-Defendant neither agmils nor denies the allegations contained in
this Paragraph of the Complain! for the remon that it lacks knowledge or information
sufficient to form a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendam/Counler-Plaintiff Io its strict proofs.
29. Denied as umme.
30. PlaintifT/Coumcr-Defendam neither admits nor denies the allegations contained in
this Paragraph of the Complaint for the reason that it lacks knowledge or information
sufficient to form a belief as ‘0 the truth of same and upon which to base an answer
and, therefore. leaves Defendant/Coumer-Plaintiff Io its strict proofs.
COUNT -TORTIOUS INTERFERENCE
l
31. Plaintiff/Coumer-Defendam incorporates all previous responses as though more fully
sel forth herein.
32. Plainliff/Coumer-Defendunt neither admits nor denies the allegations contained in
this Paragraph of the Complaint for lhe reason that it lacks knowledge or information
sufficient Io fonn a belief as to the truth of same and upon which to base an answer
and, therefore, leaves Defendant/Countcr-Plaintiff to its strict proofs.
33. PlaimifflCounter-Dcfendant neither admits nor denies the allegations contained in
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT - FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
this Paragraph of the Complaint for the reasbn that it lacks knowledge or information
sufficient to form a belief as to the truth of samc and upon which :o base an answer
and, therefore, leaves DefendanUCounler—PlainliIT lo its strict proofs.
34. Denied as untmc.
35. Denied as untrue.
WHEREFORE. Plaintiff/Counter-Defendam respectfully requests this Honorable Court:
A. Enter an Order dismissing Defendant/Counter-Plaimiff’s Countcrclaim
with prejudice;
B. Enlcr a Judgment of no cause of action in Plaintiff/Coumcr-Dcfcndam's
favor and against the Defendanl/Coumer-PlaintiIT;
C. Enter an Order awarding Plaintiff/Counler-Defcndanl its costs and
attorney fccs so wrongfully sustained;
D. Enlcr an Order awarding Plaintiff/Coumer-Dcfcndant such other rclicf to
which i1 is entitled.
O'REILLY RANCILIO P.C.
By: ls/ Brian C. Grant
Lawrence M. Scott (P30228)
Brian C. Grant (P71066)
Attorneys for Defendants
12900 Hall Road, Suite 350
Sterling Heights, Ml 483l3
586-726-1000/Fax: (586) 726-! 560
lscotl orlaw.com
Dated: October 8, 2020 b rant .orlaw.com
RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 31 ST CIRCUIT COURT - FAX FILED
IMAGED
10/8/2020 ANSWER, CIVIL
AFFIRMATIVE AND/OR SPECIAL DEFENSES
NOW COME PlainlifT/Counter-Dcfcndant, ML Chartier, Inc., by and through its
attorneys, O'Reilly Rancilio P.C., and hereby qffcrs and slates as Affirmative and/or Special
Defenses upon which they will rely at the time of trial, or prior thereto by way of appropriate
motion. Plainliff/Coumer-Dcfendant may rely upon all or some of the following defenses at
trial, if supported by facts to bc determined through discovery, investigation, or otherwise.
Defendants do not assume the burdén of proof that would otherwise res! upon Plaintiff or any
other party.
l. To lhc cxlcm lo which any and all matters of affirmative defenses andlor other
defenses arc otherwise sct fonh in thc Plainliff/Countcr-Dcfcndant‘s Answer, samc arc hcrcby
incorporated by rcfcrcncc as though fully stated herein.
2. Dcfcndant/Countcr-Plainliff‘s Countcrclaim fails, in whole or in part, to state a
claim against PlaintifT/Coumcr-Dcfendanl upon which relief may bc granted and Defendants are,
therefore,
Preview
. THIRD JUDICIAL CIRCUIT OF MICHI REGISTER 0F ACTIONS CASE NO. 21-000273—CB ML CHARTIER, INC. v UNITED TANK TRAILER § Location: Civil Division CO. § Judicial Officer: Allen, David J. § Filed on: 01/08/2021 § Other Court: 20-001043-CB § CASE INFORMATION Case Type: (CB) - Business Court Case . 01/08/2021 Open Inactive Status: DATE CASE ASSIGN M EN'I‘ Current Case Assignment Case Number 21-000273-CB Court Civil Division Date Assigned 01/08/2021 Judicial Officer Allen, David J. PARTY INFORMA'I'ION Lead Attorneys Plaintiff ML CHARTIER, INC. Grant, Brian C. Retained (586) 726-1000(W) Defendant UNITED TANK TRAILER CO. Panagos, Bill C Retained (248) 564-1635(W) DATE EVEN'I'S & ORDERS OF THE COURT INDEX 01/08/2021 Complaint, Filed TRANSFER FILE FROM ST CLAIR COUNTY CIRCUIT COURT (CASE NUMBER 20-001 043- CB)PROPOSED REISSUED ORDER GRANTING DEFENDANT'S MOTION T0 CHANGE VENUE T0 THE WA YNE COUNTY BUSINESS COURT PER JUDGE MICHAEL L. WEST 01/08/2021 Service Review Scheduled 01/08/2021 Business Court - Status Conference Hearing Review 01/08/2021 Case Filing Fee - Waived (Judicial Officer: Allen, David J. ) TEMPORARILY SUSPENDED PER MCR 2.223(8) (3) 01/08/2021 Change of Venue/Transfer File Received 04/09/2021 Status Conference - Business Court (Judicial Officer: Allen, David J.) PAGE OF 1 l Printed on 01/08/2021 a! 10:00 AM IMAGED STATE 0F MICHIGAN CASE ID micourtapp COURT 20-001043-CB 12/23/2020 318T CIRCUIT COURT REG'STER 2:24:05 PM ST CLAIR COUNTY 0F ACT'ONS 0/031/3 Page: 1 of 3 JudicialOfficer Date Filed Adjudication s Status 1 WEST, MICHAEL 7/20/20: TRANSFERRED 10/6/20 LOSED 10/6/20 4:345ny PLAINTIFF 1 ML CHARTIER INC FILED: 7/20/20 ATTY: BRIANNCN. ”GRANT #71066} PRIMAIVRY RETAINED $12900 HALL RD STE 350 STERLING HEIGHTS, MI 483i3-1174 (586) 726-1000 DEFENDANT 1 UNITED TANK TRAILER CO FILED: 7/20/20 ' BUSINESS - 10200 HARRISON ST ROMULus,IMI‘I4’8V174 Xfivvz’ BILL C ‘P‘ANAAGos # 34068 PRIMARY RETAINED 43331 w BIG BEAVERHRD STE 162 TROY; MI 43034-2813 (248) 564-1655 H > 4' ‘ 'EOUNTERMPLAINTI'FF'T"IH UNiTVEb c'o F'LEDfi/zzm TANKTRAILER 3,4668], PRIMARY; RETAINED ATTY: BILL b PANAGos # 353i W BIG BEAVER. Rb STE “162'kaon M] 48654-5813 (248) 564-1635 COUNTER DEFENDANT 1 ML CHARTIER INC FILED: 9/22/20" ATW: BRIAN C. GRANT # 71066 PRIMARY RETAINED iégoo HALL RD STE 350 STERLING HEIGHTS, MI 483133 1i4 (586) 726-1000 ADName fl 586d 1 ” " y V CASE ' gELECTRONIc FILING SYSTEM FEE T $25.00 . $25.00 V, > > > $0po {TOTAL $175.00 Jpn, own. FILING FEE ' 3150-09 51:50:09 PTF 1 ML CHARTIER . 4 _ . _ _ M w, INC :ELECTRONIC FILING (SYSTEM FEE 3 I M $25.09. fiasco )TOTAL $17500: H$ 75109: A ‘ n DEF1UNITEDTANK MOTION FEE ‘ TRAILER CO \ u $20100 y, \ V $20100 M H A y§q.oo‘; ; TOTAL f $20.oo§ $20.00: $o.oo§ Activity Date Activity User E Entry Date H 97563?“ SUMMONE ANDEOMéLAINT $175.00 kab 7/20/20 PTF 1 ML CHARTIER INC DEF 1 UNITED TANK TRAILER co ELECTRONIC FILING SYSTEM FEE $25.00 DUE DATE: 7120/20 IMAGED STATE OF MICHIGAN CASE ID micourtapp COURT 20-001 043-CB 12/23/2020 318T CIRCUIT COURT REGISTER 2:24:05 PM ST CLAIR COUNTY OF ACTIONS C/C31/S Page: 2 of 3 A¢tiYiS¥ User ; Entry Date ”Aetivvitwaataéw, _ ,, ‘ H , H CIVIL FILING FEE $150.00 DUE DATE: 7/20/20 7/20/20 RECEIVABLE ELECTRONIC FILING SYSTEM FEE $25.00 kab 7/20/20 DUE DATE: 7/20/20 PTF 1 ML CHARTIER INC ‘ V ?izd/zd RECEIVABLE CIVIL FILING FEE $550.00 kab 7/20/20' DUE DATE: 7/20/20 PTF 1 ML CHARTIER INC 7/20/20 RECEIVABLE ELECTRONIC FILING SYSTEM FEE $25.00 kab 7/20/20 DUE DATE: 7/20/20 7/20/20 RECEIVABLE CIVIL FILING FEE $150.00 kab 7/20/20 DUE DATE: 7/20/20 I ’7/26/207" PAYMENT $175.00 kab 7/20/20 CIVIL FILING FEE $150.00 ELECTRONIC FILING SYSTEM FEE $25.00 RECEIPT NUMBER: 0310095119 PAID BY: BRIAN GRANT METHOD: ELECTRONIC FUND TRANSFER $175.00 LLLLLLLLL Eiééfzo RETVURN'OFSERV‘ICE‘ - PERSONAL nik 8/26/20 I DEF 1 UNITED TANK TRAILER co SERVICE DATE: 7/29/20 TYPE: PERSONAL 9/3/20 MOTION CHANGE VENUE $20.00 nik 9/3/20 nik 9/3/20, DEF 1 UNITED TANK TRAILER CO MOTION FEE $20.00 DUE DATE: 9/3/20 RECEIPT: 031.0097404 9/3/20 RECEIVABLE} MOTION FEE $20.00 nik 9/3/20 DUE DATE: 9/3/20 DEF 1 UNITED TANK TRAILER CO 9/3/20 PAYMENT $20.00 nik 9/3/20 MOTION FEE $20.00 RECEIPT NUMBER: 031.0097404 PAID BY: UNITED TANK TRAILER CO METHOD: ELECTRONIC FUND TRANSFER $20.00 é/é/zo MOTION FOR CHANGE 0F VENUE; SET 10/5/20 10:35 A jmc 9/9/20 Loc: 3100 ‘ "éis‘iéd PRAECIPE nik 9/9/20 M ' "9/1‘5/26” ANSWER, CIVIL AFFIkMAT'IVE béFENWS‘Es, COUNTERCLAIM kab 9/21/20 DEF 1 UNITED TANK TRAILER CO ANSWER DATE: 9/17/20 ATTY: BILL C PANAGOS # 34068 10/1/20 ANSWER TO MOTION OPPOSING VENUE CHANGE n k 1 0/2/20 PTF 1 ML CHARTIER INC IMAGED STATE 0F MICHIGAN CASE ID micourtapp COURT 20-001 043-CB 12/23/2020 313T CIRCUIT COURT REG'STER 2:24:05 PM ST CLAIR COUNTY 0F ACT'ONS c/cs1/s Page: 3 of 3 User Entry Date Activity Date E WWW ‘ Activity ‘ ‘ 10/5/20 MOTION 10/5/20 10:35 AM jmc 1015/20 Loc: 3100 COURT REPORTER; K SCHWEIKART, #3271 ATTYs PANAGos, GRANT AND SCOTT APPEARED VIA 200M;M0TI0N FOR CHANGE 0F VENUE GRANTED;ORDER ENTERED; HELD I H ’1o)6/2"O "VORDER FOR CHANGE 0F VENUE To WAYNE coU'NfY-V éLTii Tb PAY nik 10/7/20 FILE FEES To NEW COURT- SENT FILE TODAY A WELL DISPOSITION: TRANSFERRED 10/6/20 DEF 1 UNITED TANK TRAILER co CDEF 1 ML CHARTIER INC H 10/‘6/26' CLOSE CASE STATUS nik 10/22/20 A > y ’ > "36/8750” ANSWER. CIVIL nik 10/9/20 CDEF 1 ML CHARTIER INC ANSWER DATE: 10/8/20 ATTY: BRIAN c. GRANT # 71066 ”35/2535wa ORDER 2ND ORbER To AT'RAN’SWIEER CASE To WAYNE § n. 12/23/20 : IMAGED 5—} S _Y ”wk?“ mm o u STATE OF MICHIGAN IN Tfi CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR ML CHARTIER, INC., ) ) Plaintiff, ) Case No. 2020-1043-CB ) Hon. Michael L. West v. ) ) UNITED TANK TRAILER CO., ) ) Defendant. ) ) [PROPOSED REISSUED] ORDER GRANTING DEFENDANT’S MOTION TO CHANGE VENUE TO THE WAYNE COUNTY BUSINESS COURT Following consideration of Defendant’s motion, the parties’ briefs and the oral argument, this Court finds that venue was improperly laid in St. Clair County. In furtherance of the Order granted on Oct. 6, 2020 and entered on Oct. 7, 2020, t0 effectuate transfer to the Wayne County Business Court, this Court hereby reissues the original Order. That is, this Court ORDERS this matter to be transferred from St. Clair County to Wayne County, with filing fees to be paid by Plaintiff. Except for the filing fee, each party is to bear its own costs and fees. m —4 5; ”a? M AW‘ 2 S, SO ORDERED. pl; N N 'H M70 flHAIEOEH 7‘0 .D 3 /’ Z w>a x53: H2: h.) EEAMES -< F. Hon. Michael L. West Dated: /2[31Z '10: o IMAGED Strin er, Nichole From: _ Linda Kennedy <|kennedy@panip|aw.com> Sent: Monday, December 21, 2020 2:23 PM To: Stringer, Nichole Cc: Bill Panagos Subject: 3lst Judicial District; United Tank Trailer; 2020-1043—CB; Order re: Motion to Change Venue Attachments: Proposed Re-Issued Order.docx Isms;onIaliag‘éxfinmmiuséifikafieJéjungnféfkt‘é ‘afcaiqnon whenopemngattachme ckagnnksweg rial I V Ms. Stringer: I am informed that the Court requires a Re-issued Order for the Judge to execute. Let me know if the attached editable form will work for the judge, or if something different or additional is required. Best regards, Linda D. Kennedy Partner PANAGOS KENNEDY 3331 West Big Beaver Road Suite 102 Troy, Michigan 48084 o 248.564.1343 c 313.670.2081 ganiplawcom This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you. IMAGED 10/8/2020 ANSWER, CIVIL STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR ML CHARTIER, INC. PlaintitT/Countcr-Defcndant. Case No.2 2020- l 043-CB Hon. Michael L. Wes: V. UNITED TANK TRAILER C0., Dcfcndant/Countcr—Plaintiff. N m S/ <_. fl “é 2:, O‘REILLY RANCILIO P.C. PANAGOS KENNEDY PLLC .9— 53 ~81 LAWRENCE M. SCOTT (P30228) BILL PANAGOS (P34068) (r22 gr‘?‘ gfl BRIAN C. GRANT (P71066) LINDA KENNEDY (P64692) F1” m2 Attorneys for Plaintiff/Countcr-Dcfcndnnl Attorneys for Defendanl/Countagaing g‘g 3331 W. Big Beaver Rd. 12900 Hall Road, Suite 350 Ste. 102 g H 5 'tf‘ Sterling Heights, MI 48313 Troy, MI 48084 '< N a :0 (586) 726-1000/Fax: (586) 726-1560 (248) 564-1635 Iscou@orlaw.com bpnnagos@paniplaw.com bgram@orlaw.com lkennedy@paniplaw.com / PLAINT!FF/COUNTER-DEFENDANT’S ANSWER TO COUNTERCLAIM Plaintiff/Counter-Dcfcndant, ML Chanier, Inc. (“PlaintiWCoumer-Defendant"), states as follows for its Answer to Countcrclaim filed by Defendant United Tank Trailer Co.: l. Admitted. 2. Admitted. 3. Plaintiff/Counlcr-Defendant neither admits nor denies lhc allegations contained in this Paragraph of the Complaint for the reason that il lacks knowledge or infomation sufficient to form a belief as to the tlfuth of same and upon.which to base an answer and, therefore, leaves Defendant/Counter-Plainlifl" lo ils strict proofs. 4. Admitted that the amount in controversy exceeds $25,000.00. RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT - FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL ALLEGATIONS Admitted. Plaintiff/Counter-Dcfendam neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or infomation sufficient to fonfi a belief as to the truth of same and upon which Io base an answer and, therefore, leaves Dcfendant/Counter-Plaintiff to its strict proofs. PlainlifT/Counler-Defendanl neither admits nor denies the allegations contained in this Paragraph of Ih; Complaint for the reason that it lacks knowledge or information sufficient Io form a belief as to the truth of same and upon which lo base an answer and, therefore, leaves Defendant/Coumer-Plaintiff lo ils strict proofs. Admitted. PlaintifT/Counler-Defendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient lo form a belief as to the truth of same and upon which Io base an answer and. therefore, leaves Dcfendant/Counter-Plaintiff to its strict proofs. .PlaintiiT/Coumcr-Defendam neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendam/Counter-Plaimiff to its strict proofs. Plainlifl'lCounter-Defendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendant/Counter-Plaimi{T to its strict proofs. RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 31 ST CIRCUIT COURT - FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL I2. Plaintiff/Counter-Dcfendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for lhe reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves DefendanUCounter-Plaintiff to its strict proofs. l3. Admitted. l4. Plaintiff/Counter-Def'bndant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which lo base an answer and, therefore, leaves Defendant/Coumer-PlaimifT to its strict proofs. IS. Admitted. l6. Admitted. l7. PlaimifT/Counler-Dcfendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information vlo sufficient to form a belief as to the truth of same and upon which base an answer and, therefore, leaves Dcfendam/Coumer-Plaintiff to its strict proofs. l8. Plaimiff/Coumer-Defendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient lo form a belief as to the truth of same and upon which lo base an answer and, therefore, leaves Dcfendanl/Counler-Plainliff lo its strict proofs. l9. PlainlifUCounter-Defcndam neither admits nor denies the allegations comained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendant/Coumer-Plaintifl" to its strict proofs. RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 313T CIRCUIT COURT - FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL 20. Plaintiff/Counter-Defendanl neither admits nor denies the allegations containcd in this Paragraph of me Complaint for the reason that it lacks knowledge or information sufficient to form a belief as lo lhe tmth of same and upon which to base an answer and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs. 2|. PlaimifflCounter-Defendanl neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendanl/Coumer-Plainliff to its strict-proofs. 22. Plaimiff/Counter-Defendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as lo the truth of same and upon which to base an answer and, therefore, leaves Defendant/Counter-Plaintiff lo its strict proofs. 23. Plainliff/Counler-Defendam neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or infom1alion sufficient lo Form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendam/Counter-Plaimiff to its strict proofs. 24. Plaintiff/Counler-Defendam neither admits nor denies the allegations contained in this Paragi'aph of the Complaint for the reason that i1 lacks knowledge or infommation sufficient lo form a belief as to lhe lrulh of same and upon which to base an answer and, therefore. leaves Defendanl/Coumer-Plaintiff to its strict proofs. 25. PlaintitT/Counter-Defendant neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient lo form a belief as lo the tmlh of same and upon which to base an answer RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT ' FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs. 26. Denied as untrue. 27. Plaimiff/Counter-Defendam neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or informalion sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendant/Counter-Plaintiff to its strict proofs. 28. PlaintifflCounter-Defendant neither agmils nor denies the allegations contained in this Paragraph of the Complain! for the remon that it lacks knowledge or information sufficient to form a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendam/Counler-Plaintiff Io its strict proofs. 29. Denied as umme. 30. PlaintifT/Coumcr-Defendam neither admits nor denies the allegations contained in this Paragraph of the Complaint for the reason that it lacks knowledge or information sufficient to form a belief as ‘0 the truth of same and upon which to base an answer and, therefore. leaves Defendant/Coumer-Plaintiff Io its strict proofs. COUNT -TORTIOUS INTERFERENCE l 31. Plaintiff/Coumer-Defendam incorporates all previous responses as though more fully sel forth herein. 32. Plainliff/Coumer-Defendunt neither admits nor denies the allegations contained in this Paragraph of the Complaint for lhe reason that it lacks knowledge or information sufficient Io fonn a belief as to the truth of same and upon which to base an answer and, therefore, leaves Defendant/Countcr-Plaintiff to its strict proofs. 33. PlaimifflCounter-Dcfendant neither admits nor denies the allegations contained in RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 318T CIRCUIT COURT - FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL this Paragraph of the Complaint for the reasbn that it lacks knowledge or information sufficient to form a belief as to the truth of samc and upon which :o base an answer and, therefore, leaves DefendanUCounler—PlainliIT lo its strict proofs. 34. Denied as untmc. 35. Denied as untrue. WHEREFORE. Plaintiff/Counter-Defendam respectfully requests this Honorable Court: A. Enter an Order dismissing Defendant/Counter-Plaimiff’s Countcrclaim with prejudice; B. Enlcr a Judgment of no cause of action in Plaintiff/Coumcr-Dcfcndam's favor and against the Defendanl/Coumer-PlaintiIT; C. Enter an Order awarding Plaintiff/Counler-Defcndanl its costs and attorney fccs so wrongfully sustained; D. Enlcr an Order awarding Plaintiff/Coumer-Dcfcndant such other rclicf to which i1 is entitled. O'REILLY RANCILIO P.C. By: ls/ Brian C. Grant Lawrence M. Scott (P30228) Brian C. Grant (P71066) Attorneys for Defendants 12900 Hall Road, Suite 350 Sterling Heights, Ml 483l3 586-726-1000/Fax: (586) 726-! 560 lscotl orlaw.com Dated: October 8, 2020 b rant .orlaw.com RECEIVED JAY M. DEBOYER 10-08-2020 16:07:03 CLERK OF THE 31 ST CIRCUIT COURT - FAX FILED IMAGED 10/8/2020 ANSWER, CIVIL AFFIRMATIVE AND/OR SPECIAL DEFENSES NOW COME PlainlifT/Counter-Dcfcndant, ML Chartier, Inc., by and through its attorneys, O'Reilly Rancilio P.C., and hereby qffcrs and slates as Affirmative and/or Special Defenses upon which they will rely at the time of trial, or prior thereto by way of appropriate motion. Plainliff/Coumer-Dcfendant may rely upon all or some of the following defenses at trial, if supported by facts to bc determined through discovery, investigation, or otherwise. Defendants do not assume the burdén of proof that would otherwise res! upon Plaintiff or any other party. l. To lhc cxlcm lo which any and all matters of affirmative defenses andlor other defenses arc otherwise sct fonh in thc Plainliff/Countcr-Dcfcndant‘s Answer, samc arc hcrcby incorporated by rcfcrcncc as though fully stated herein. 2. Dcfcndant/Countcr-Plainliff‘s Countcrclaim fails, in whole or in part, to state a claim against PlaintifT/Coumcr-Dcfendanl upon which relief may bc granted and Defendants are, therefore,