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Mayer v. Weiner

United States District Court, E.D. Michigan, Southern Division

September 21, 2017

MICHELE MAYER, f.k.a. MICHELE GREGERSON, Plaintiff,
v.
HOWARD N. WEINER, Defendant.

          Laurie J. Michelson District Judge

          OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT (DE 7)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         I. OPINION

         A. Gregerson v. Gregerson, Case No. 2005-710435-DO (Oakland County Circuit Court)

         1. Representation by attorney Howard N. Weiner

         An understanding of this case requires a brief review of the underlying state court proceeding, in which a consent judgment of divorce was entered on October 6, 2006, presumably by Judge Joan Young. Michele Gregerson v. Steven Glen Gregerson, Case No. 2005-710435-DO (Oakland County Circuit Court). At that time, it appears that Michele Gregerson was represented by attorney Howard N. Weiner.

         Some years later, during January and February 2014, Michele Gregerson filed motions to enforce the judgment and for modification of spousal support. On February 19, 2014, Steven Glen Gregerson, Plaintiff's former husband, filed a motion for sanctions. On October 14, 2014, the motion for sanctions was granted and the motion to enforce judgment regarding spousal support was denied.

         On August 26, 2015, attorney Weiner filed a motion for leave to withdraw. A hearing was conducted in September 9, 2015, and the motion to withdraw was granted. Just a few months later, on December 22, 2015, defense counsel was awarded fees and costs in the amount of $42, 864.24. At the time of Judge Young's opinion and order, Plaintiff represented herself.

         2. Representation by attorney Trish Oleska Haas

         Shortly thereafter, on February 11, 2016, Steven Gregerson filed a motion to terminate spousal support, to compel payment of court ordered attorney fees and for other relief. On February 24, 2016, it appears that attorney Trish Haas filed an appearance on behalf of Michele Gregerson. On March 24, 2016, the court entered an order setting Steven Gregerson's motion to terminate spousal support for an evidentiary hearing and providing for the withholding of funds ($35, 864.24) from his 2016 bonus. On August 31, 2016, Steven Gregerson filed an amended motion. On September 9, 2016, the motion to terminate spousal support was settled on the record, and, on October 13, 2016, an order changing spousal support was filed.[1]

         On May 19, 2017, Michele Gregerson filed a “motion for malpractice” against her prior counsel. The motion was denied on June 14, 2017.[2]

         2. Instant Lawsuit

         Three days later, Plaintiff Michele Mayer, f.k.a. Michele Gregerson, filed the instant “complaint for legal malpractice” in pro per against Defendant Howard N. Weiner, her prior legal counsel. (DE 1.) Defendant appeared via counsel on August 3, 2017. (DE 6.)

         Judge Michelson has referred this case to me for all pretrial proceedings. Currently before the Court is Defendant's August 10, 2017 motion for a more definite statement. In sum, Defendant contends that Plaintiff's asserted damages - a sanction she was ordered to pay and attorney fees expended - are less than this Court's $75, 000 jurisdictional minimum, and, as such, she ...


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