Judge Maloney brings Federal court to Cooley so students gain experience

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LEGAL NEWS PHOTOS BY CYNTHIA PRICE

by Cynthia Price
Legal News

Chief Judge of the U.S. District Court Western District of Michigan Paul L. Maloney graciously agreed to hear motions on two different matters at Cooley Law School last Thursday so that students in Professor Christopher Hastings’ Civil Procedure classes could learn first-hand about court.

In fact, “gracious” was the descriptive word of the day for Chief Judge Maloney. He  introduced his assistant Amy Redmond and court reporter Kathleen Thomas with high praise, advising the students how advantageous it would be to get to know them or equivalent judicial staffers. Between arguments, he seemed comfortable with having a hallway serve as his chambers, and shook hands amiably with those who had to leave.

He also stayed after the arguments to answer questions posed by the Cooley students, and then took the time to come to an on-campus reception where he chatted with each and every student in attendance.

Nonetheless, Chief Judge Maloney was all business as attorneys argued in favor of their motions. He was well-prepared for and completely engaged with the arguments and legal issues presented.
In the first case, Romar Sales v. Seddon Enterprises, attorney Craig H. Lubben of Miller Johnson, with assistance from colleague Neil J. Marchand, argued for dismissal on behalf of three defendants who are co-trustees of the Ellis Seddon Trust.

David A. Lewis of Lewis Reed and Allen P.C. in Kalamazoo was present to represent the interests of some other defendants, while Miller Canfield attorneys Brad H. Sysol, who made oral argument, and Ronald E. Baylor represented plaintiffs Romar Sales Corp. and Diane G. Kranz, executor of the estate of David Geller, in their motion for summary judgment.

The case involves a dispute over shares in Ellis Seddon Enterprises, for which the two business people involved made no clear provisions about eventual disposition. When one of the two, David Geller, died, his estate sought an accounting in the Van Buren County court of the corporation’s share values. Judge Paul Hamre ruled that the Geller Estate had no standing because it was never a shareholder of Ellis Seddon. That trial is on appeal, but in the meantime, shareholder Romar Sales and the executor of the Geller Estate filed the current case, deemed to be “substantially similar,” in the federal court.
Lubben argued that merely adding Romar Sales, whose CEO is also the Geller Estate executor, did not mean the two cases were not parallel proceedings, and asked for either dismissal under the Burford abstention doctrine, or a stay pending the appeal outcome under the Colorado River abstention doctrine.

Chief Judge Maloney issued a ruling May 29, dismissing the case under Burford and declining an opinion on other of the parties’ issues.

On the second scheduled oral argument, Reese v. City of Albion, the chief judge ruled from the bench on a motion for reinstatement, saying that he lacked subject matter jurisdiction “because the Plaintiffs had never invoked the Court's supplemental jurisdiction,” according to Prof. Hastings.

Between arguments, and after Chief Judge Maloney congratulated the students on “the opportunity to see some very fine lawyers litigate,” the Romar Sales attorneys answered student questions. When asked if any of them were Cooley graduates, Brad Sysol said yes, and Baylor joked, “Just so you know, Mr. Sysol started his career working with Mr. Lubben – but he’s managed to overcome all those bad habits.”

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