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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SALEH ALI M. BAKABAS,

Case No. 09-11260

Plaintiff,

v. HON. SEAN F. COX

United States District Judge

JP MORGAN CHASE BANK, a 

National Banking Association, and 

TROTT & TROTT, P.C., a Michigan

Professional Corporation, Jointly and 

Severally,

Defendants.

_________________________________/

ORDER DENYING PLAINTIFF’S MOTION 

TO BE EXCUSED FROM ELECTRONIC FILING [Doc. No. 24]

The instant action was removed from the Wayne County, Michigan Circuit Court on

April 6, 2009. [Doc. No. 1]. Since removal, Plaintiff Saleh Ali M. Bakabas (“Bakabas”) has

filed several documents which did not comply with Local Rule 5.1.1's electronic filing

requirements. Specifically, Bakabas’s Motion for Summary Judgment [Doc. No. 13], Response

to Defendant Trott & Trott’s Motion for Summary Judgment [Doc. No. 17], and Reply Brief on

his Motion for Summary Judgment [Doc. No. 22] were all filed in noncompliance with L.R.

5.1.1, and all three of these documents resulted in Notices of Failure to Comply with Local Rule

5.1.1. [See Doc. Nos. 14, 18 & 23].

On June 5, 2009, Bakabas filed the instant “Motion to be Excused from Electronic

Filing.” [Doc. No. 24]. Like all previous documents filed by Bakabas in this action, this motion

was not filed in compliance with L.R. 5.1.1, and resulted in yet another Notice of

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Noncompliance [Doc. No. 25]. In the instant motion, Bakabas’s counsel argues that he is 83

years old and does not use email, and requests that the Court allow him to file paper pleadings as

opposed to filing electronically. 

Local Rule 5.1.1 states, in pertinent part:

Except as specified otherwise in the ECF Policies and Procedures or by court

order, all papers (not simply cases) filed after November 30, 2005 must be filed

electronically. The court may excuse a party from electronic filing on motion for

good cause shown. 

L.R. 5.1.1(a) (emphasis added). 

The Court does not find good cause in this case to excuse Bakabas from the electronic

filing requirements of Local Rule 5.1.1. The Court further notes that another attorney, Elaine

Rosati, is associated with Plaintiff counsel’s firm, as that name appears on firm letterhead

attached to Bakabas’s complaint [See Exhibits to Pl.’s Complaint, p.35]. The State Bar of

Michigan’s database confirms that Elaine Rosati is still presently associated with that firm.

Plaintiff counsel’s age and aversion to email are simply not compelling reasons to excuse the

electronic filing requirement, especially given the fact that another attorney in Plaintiff counsel’s

firm is available to assist with electronic filing. For these reasons, Bakabas’s “Motion to be

Excused from Electronic Filing” [Doc. No. 24] is DENIED. 

IT IS SO ORDERED.

s/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: July 9, 2009

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SALEH ALI M. BAKABAS,

Case No. 09-11260

Plaintiff,

v. HON. SEAN F. COX

United States District Judge

JP MORGAN CHASE BANK, a 

National Banking Association, and 

TROTT & TROTT, P.C., a Michigan

Professional Corporation, Jointly and 

Severally,

Defendants.

_________________________________/

PROOF OF SERVICE

I hereby certify that on July 9, 2009, a copy of the foregoing document was served upon 

counsel of record by electronic means and by First Class Mail upon:

Anthony D. Rosati 

Rosati Associates, PC 

7115 Orchard Lake Road 

Suite 140 

West Bloomfield , MI 48322 

S/ Jennifer Hernandez 

Case Manager

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