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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

KAY PREE, 

 Plaintiff, Case No. 15-cv-10999 

 Hon. Matthew F. Leitman 

v. 

NATIONAL UNION FIRE INSURANCE 

COMPANY OF PITTSBURGH, PA., 

 Defendant. 

_____________________________________/ 

ORDER GRANTING DEFENDANT’S 

MOTION FOR SUMMARY JUDGMENT (ECF #31)

 On January 13, 2015, Plaintiff Kay Pree (“Pree”) filed an action in the 

Wayne County Circuit Court against Defendant National Union Fire Insurance 

Company of Pittsburgh, PA (the “Defendant”). (See Compl., ECF #1-2.) Pree 

sought to recover no-fault benefits and uninsured motorist benefits from 

Defendant. On March 17, 2015, Defendant removed the action to this Court. (See

ECF #1.) On September 24, 2015, Defendant moved for partial summary 

judgment on Pree’s claim for uninsured motorist benefits. (See ECF #12.) The 

Court granted that motion on November 9, 2015. (See ECF #17.) 

 On May 10, 2016, Defendant filed a second motion for summary judgment 

on Pree’s remaining claim for no-fault benefits (the “Motion”). (See ECF #31.) 

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On May 31, 2016, the Court entered an Order extending the deadline for Pree to 

file a response to the Motion. (See ECF #34.) The Court stated that Pree was 

required to file her response no later than June 7, 2016. (See id.) Pree, however, 

failed to file a response by that date. On July 28, 2016 – over seven weeks after 

Pree’s response to the Motion was due – the Court entered an order requiring Pree 

to show cause in writing why the Motion should not be granted (the “Show-Cause 

Order”). (See ECF #35.) In the Show-Cause Order, the Court warned Pree that 

her “failure to respond may result in the dismissal of the Complaint.” (Id. at 2, Pg. 

ID 793.) But Pree still failed to respond. Pree’s failure to respond to the Motion 

and the Show-Cause Order is part of a larger pattern of failures to comply with the 

governing rules and with orders entered in this action.1

 

                                               

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 Pree failed to file a timely response to Defendant’s initial motion for summary 

judgment. Pree responded to that motion only after the Court entered an order 

requiring Pree to show cause in writing why that motion should not be granted. 

(See ECF #13.) Furthermore, Pree failed to respond to discovery requests, thereby 

requiring Defendant to file a motion to compel discovery on November 14, 2015. 

(See ECF #28.) The Court granted Defendant’s motion to compel on December 

16, 2015. (See ECF #21.) However, Pree failed to comply with the order to 

compel, and on January 13, 2016, Defendant filed a motion to dismiss Pree’s 

Complaint due to that failure. (See ECF #25.) Although the Court denied that 

motion, the Court noted its “serious concerns about the repeated failure of 

Plaintiff’s counsel to comply with orders of this Court and with the rules governing 

practice in this Court.” (See ECF #29 at 1, Pg. ID 583.) In the same Order, the 

Court also took under advisement “whether to impose a monetary sanction against 

Plaintiff’s counsel for failing to provide discovery and failing to comply with the 

Court’s discovery orders.” (Id. at 2, Pg. ID 584.) 

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The Court has reviewed the Motion and concludes that Defendant has made 

plausible arguments showing that it is entitled to the relief it seeks. Moreover, by 

failing to respond to the Motion, Pree has abandoned the lone remaining claim 

against Defendant. See Phillips v. UAW Int’l, 149 F. Supp. 3d 790, 798 (E.D. 

Mich. 2016) (“A plaintiff abandons undefended claims.”) (citing Doe v. Bredesen, 

507 F.3d 998, 1007-08 (6th Cir. 2007)). Accordingly, IT IS HEREBY 

ORDERED that Defendant’s Motion (ECF #31) is GRANTED. 

s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: August 5, 2016 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on August 5, 2016, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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