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Layla Robinson was two years old at the time of the incident. 

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Fed. R. Civ. P. 56(c) states in pertinent part: “. . .The judgment sought should be

rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show

that there is no genuine issue as to any material fact and that the movant is entitled to judgment

as a matter of law.”

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UNITED STATES DISTRICT COURT

 EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LAYLA M. ROBINSON, by her next friend,

TANYA ROBINSON,

Plaintiff,

v.

LOWE’S HOME CENTERS, INC.,

Defendant.

Case Number: 09-10675

Honorable Julian Abele Cook, Jr.

ORDER

In this case, the Plaintiff, Tanya Robinson (“Robinson”), contends that her minor daughter,

Layla Robinson,1

 was seriously injured as the result of the negligence (i.e., failure to properly

maintain a customer’s shopping cart and a visitors’ parking lot) of the Defendant, Lowe’s Home

Centers (“Lowe’s). 

This matter, having been originally filed in the Wayne County Circuit Court of Michigan

on January 26, 2009, was timely removed to this federal court on the basis of, inter alia, its

diversity jurisdiction. 28 U.S.C. § 1332. On May 1, 2009, Lowe’s filed a motion for summary

judgment, citing to Fed. R. Civ. P. 56(c).2

 As of the date of this order, Robinson has not filed a

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On May 27, 2009, Robinson filed an “emergency” motion to appoint a guardian ad

litem, which is currently pending with this Court. 

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response to Lowe’s motion. 

Lowe’s argues that this action should be summarily dismissed because Robinson improperly

filed this case on behalf of her minor daughter without initially seeking and obtaining an order from

a state court for an appointment to act as a “next friend”3

 in this litigation. As a result, it is Lowe’s

contention that Robinson lacks the lawful capacity to seek relief on her daughter’s behalf which,

in turn, warrants the entry of a summary judgment in its favor. 

According to Fed. R. Civ. P. 7(b)(1)(B), “[a] request for a court order must be made by

motion . . . [and the] . . . the motion must state with particularity the grounds for seeking the order.”

However, Lowe’s currently pending motion request is devoid of any reference to any statute, case

law, or other legal authority which ostensibly supports its proposition that Robinson must first

obtain authority from a court to initiate a lawsuit on her minor daughter’s behalf. As a result, the

Court is left without any citation upon which it can evaluate the merit of Lowe’s motion. 

Accordingly, and without addressing the merit of Robinson’s claims, the Court must deny

Lowe’s motion for summary judgment without prejudice, because of its failure to comply with the

applicable Federal Rules of Procedure.

IT IS SO ORDERED.

Dated: July 2, 2009 S/Julian Abele Cook, Jr. 

 Detroit, Michigan JULIAN ABELE COOK, JR.

United States District Court Judge

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CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective

email addresses or First Class U.S. mail to the non-ECF participants on July 2, 2009.

s/ Kay Doaks 

Case Manager

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