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Apostolic Pentecostal Church, Plaintiff-Appellee/cross-Appellant v. Clyde L. Colbert, Sr. Emanuel Missionary Temple D/B/A C & L Builders, Inc. And C & L Builders and Investors, Huntington Banks of Michigan, Intervenor-Appellant/cross-Appellee

Citation: 169 F.3d 409Docket: 97-1996

Court: Court of Appeals for the Sixth Circuit; April 9, 1999; Federal Appellate Court

Narrative Opinion Summary

In this case, Apostolic Pentecostal Church pursued garnishment proceedings against Huntington Banks after obtaining a substantial judgment against Clyde L. Colbert, Sr. and associated entities. Huntington had failed to disclose two CDs allegedly linked to Colbert during garnishment, leading to complex litigation. Initially, the district court granted partial summary judgment for Apostolic regarding one CD, finding Huntington liable for non-disclosure, while granting summary judgment for Huntington on the other CD. Both parties appealed these decisions. The appellate court affirmed most of the district court's rulings, upholding the proper service of process under Michigan law and the extension of the discovery period. However, it reversed the lower court's decision on sanctions, remanding for further analysis under Rule 11, questioning Huntington's conduct in certifying its garnishee disclosure. The case underscores the intricacies of garnishment procedures and the importance of adhering to disclosure requirements, while also clarifying the interplay between state and federal procedural rules.

Legal Issues Addressed

Extension of Discovery Time under Michigan Court Rules

Application: The court exercised discretion to extend the discovery period, despite Huntington's argument against such an extension under Michigan garnishment rules.

Reasoning: The court's extension was based on MICH. CT. R. 3.101(T), which allows judicial discretion for extending such deadlines.

Garnishment Proceedings and Disclosure Obligations

Application: The court held Huntington liable for failing to disclose the existence of a CD owned by the judgment debtor, which it had in its possession at the time of the writ service.

Reasoning: The district court granted partial summary judgment for Apostolic regarding one CD, holding Huntington liable for not revealing its existence.

Sanctions under Federal Rule of Civil Procedure 11

Application: The court found an abuse of discretion in denying Rule 11 sanctions, requiring a reassessment of Huntington's conduct in certifying garnishee disclosure.

Reasoning: The district court abused its discretion by denying Apostolic's request for Rule 11 sanctions.

Service of Process under Rule 69(a) and Michigan Law

Application: The court determined that service of process in garnishment proceedings was properly executed under Michigan law, rejecting Huntington's argument for application of federal service rules.

Reasoning: Service of process on Huntington by Apostolic was deemed proper as it complied with state practice.

Summary Judgment Standards and Garnishment Obligations

Application: Summary judgment was affirmed for Apostolic against Huntington concerning the NBAT CD due to Huntington's failure to disclose, while summary judgment for Huntington was upheld regarding the Focus CD.

Reasoning: The magistrate judge's report concluded that Huntington was liable for not disclosing the CD, as per MICH. CT. R. 3.101(G)(1).