DEFENDANT'S MOTION TO STRIKE MOTION FOR SUMMARY JUDGMENT

On July 20, 2011 a foreclosure case was filed by Michigan Precision Grading Llc, represented by Spoonster, Joseph, against American Contractors Indemnity Company, Company Wrench Ltd, Does No Address Listed, Unknown John et al. represented by Arnold, David, Brewer, Lee, Carpenter, James et al. in the jurisdiction of Summit County. Judge MARY MARGARET ROWLANDS presiding.

                        
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CAND 1y HORPIGAN 2 2012 OT 19 fig: fy IN THE COURT OF COMMON PLEAS SUMMIT SUMMIT COUNTY, OHIO. CLERK Oe Cont ‘ MICHIGAN PRECISION GRADING, ) CASE NO.: CV 2011 07 3930 LLC ) ) JUDGE ROWLANDS Plaintiff, ) ) vs. ) ) QUALITY ASBESTOS & DEMOLITION — ) SERVICES, LLC, et al. ) DEFENDANT THE UNIVERSITY OF ) AKRON’S MOTION TO STRIKE and ) ENDURANCE AMERICAN ) SPECIALTY INSURANCE CO.’S THE UNIVERSITY OF AKRON ) MOTION FOR SUMMARY. ) | JUDGMENT ) Defendant/Third-Party Plaintiff ) ) vs. ) ) ENDURANCE AMERICAN SPECIALTY ) INSURANCE CO. ) ) Third-Party Defendant. ) ) Defendant The University of Akron (the “University”) moves this Court to strike Endurance American Specialty Insurance Co.’s Motion for Summary Judgment because it is out of rule. As the Court is aware, there is a pretrial scheduled for November 15, 2012. Pursuant to Civil Rule 56(B), Endurance is required to file for leave of the court prior to filing its motion for summary judgment. Civ. R. 56(B) (stating “[i]f the court action…

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