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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LATONYA LEFEBVRE, 

 Plaintiff, 

and 

SOUTHEAST MICHIGAN SURGICAL 

HOSPITAL, LLC, 

Plaintiff-Intervenor, 

 

 

v. 

 

CITIZENS INSURANCE COMPANY 

OF THE MIDWEST, 

 Defendant. 

 / 

Case No. 14-cv-13312 

 Honorable Gershwin A. Drain 

ORDER DENYING DEFENDANT’S MOTIONS TO 

CONSOLIDATE CASES [#12, 16] AND SEEKING 

CLARIFICATION FROM DEFENSE COUNSEL 

Presently before the Court are two Motions to Consolidate Cases by Defendant Citizens 

Insurance Company of the Midwest. See Dkt. Nos. 12, 16. The Court DENIES these Motions in 

light of its recent decisions to remand Fountain Park Pharmacy v. The Hanover Insurance 

Company, case number 14-cv-14657 and Central Home Health Care Services v. Citizens 

Insurance Company of the Midwest, case number 15-cv-10240. 

 Additionally, the Court seeks clarification following this Court’s January 21, 2015 Status 

Conference at 10:30 a.m. The Court received a call from Defense Counsel’s law firm indicating 

that she would be tardy to the conference because she was at the Mediation Tribunal. For 

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whatever reason, Defense Counsel never appeared. 

Instead, Defense Counsel was purportedly “replaced” by a Mr. Sante Fratarcangeli. Mr. 

Fratarcangeli indicated that he had filed a notice of appearance with the Court and would be 

representing the Defendant in this matter moving forward. During the Status Conference the 

Court became aware that Mr. Fratarcangeli had not, in fact, filed a notice of appearance. After 

bringing this to Mr. Fratarcangeli’s attention, Mr. Fratarcangeli informed the Court that he would 

file a notice of appearance “immediately,” since he would be replacing Defense Counsel. 

Not only has Mr. Fratarcangeli still not filed a notice of appearance with this Court, it 

appears Mr. Fratarcangeli was also mistaken in his assertion that he would be replacing Defense 

Counsel, because the day after the Status Conference, Defense Counsel—who the Court was 

under the impression was no longer involved in this case—filed the latest Motion to Consolidate. 

See Dkt. No. 16. The Court would like clarification as to who, exactly, is representing the 

Defendant in this action. 

If Mr. Fratarcangeli is replacing Defense Counsel in this action, then he needs to 

immediately file a notice of appearance with this Court. Mr. Fratarcangeli will not be allowed 

before this Court again without filing a notice of appearance. The Court scheduled the Status 

Conference in order to resolve a serious matter regarding the Parties in the case. The Court 

wanted Defense Counsel present at the Status Conference because of her previous discussions 

with Plaintiff’s Counsel. It did not appear Mr. Fratarcangeli was aware of Defense Counsel’s 

previous discussions with Plaintiff’s Counsel. This undercut the Court’s ability to have the 

Parties work out issues at the Status Conference. 

Accordingly, the Court DENIES Defendant’s Motions to Consolidate Cases. See Dkt. 

Nos. 12, 16. 

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Additionally, the Court HEREBY ORDERS Defense Counsel to file a statement no later 

than January 30, 2015, providing clarification to the Court as to whom, exactly, is representing 

the Defendant in this action. 

SO ORDERED. 

Dated: January 27, 2015 

 /s/Gershwin A Drain 

 Hon. Gershwin A. Drain 

 United States District Court Judge

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