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Alquahwagi v. Shelby Enterprises, Inc.

United States District Court, Eastern District of Michigan, Southern Division

March 31, 2015

NADIA ALQUAHWAGI, on behalf of herself and as Personal Representative fo the Estate of Mohammad Khairi, Plaintiff,
v.
SHELBY ENTERPRISES, INC., a Michigan Corporation, and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey Corporation, Defendants.

ORDER IDENTIFYING THIS CASE AS AN EXTENSION OF CASE NO. 11-14826 AND GRANTING PLAINTIFF THE RIGHT TO FILE AN AMENDED COMPLAINT

ROBERT H. CLELAND, UNITED STATES DISTRICT JUDGE.

The court held a telephonic status conference with the parties on March 26, 2015, off of the record, at which the parties and the court discussed the procedural history of the case. The court notes that the instant case is substantially the same as Alquahwagi v. Shelby Enterprises, Inc., No. 11-14826 (Rosen, C.J.). Chief Judge Rosen remanded Case Number 11-14826 to the Plan Administrator, administratively closed the case without a determination of the merits, and stated that Plaintiff could reopen the case after she fully exhausted her administrative remedies. The administrative remedies appear to have been exhausted in the instant case, and Chief Judge Rosen issued an order disqualifying himself from the instant case on October 28, 2014. (Dkt. # 5, Pg. ID 22.) The court, therefore, will deem the instant case as an extension of Case Number 11-14826 and takes notice of the original case’s docket. Additionally, the court will allow Plaintiff to file an amended complaint no later than April 10, 2015. Accordingly, IT IS ORDERED that the court will treat this case as an extension of Alquahwagi v. Shelby Enterprises, Inc., No. 11-14826.

IT IS FURTHER ORDERED that Plaintiff may file an amended complaint no later than April 10, 2015.


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