UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

PRESIDENTIAL FACILITY, LLC, 

Plaintiff, 

Case No. 09-12346

v. Hon. Lawrence P. Zatkoff 

CHRISTOPHER J. DEBBAS and 

JAMES R. GRIFFITHS, 

Defendants,

and 

GREGORY S. CAMPBELL and

ROBERT PINKAS, 

Defendants/Third-Party Plaintiffs, 

v. 

PETER SINATRA, EMERALD PARTNERS V, LP, 

and JETDIRECT AVIATION HOLDINGS, LLC, 

Third-Party Defendants.

 /

ORDER WITHDRAWING SHOW CAUSE AND PERMITTING SUPPLEMENTAL

BRIEFING

On December 12, 2011, the Court denied Plaintiff’s second Motion for Summary Judgment

because it was unclear whether Plaintiff satisfied its obligations to trigger the co-guarantor’s duties

under the guaranty agreement. The Court noted that it found it troubling that Plaintiff failed to

produce any financial documents that evidenced that Plaintiff satisfied its obligations. After the

Court’s decision, Plaintiff filed a motion requesting that the Court reconsider its decision denying

Plaintiff’s second Motion for Summary Judgment. In its Motion for Reconsideration, Plaintiff

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attached additional evidence for the Court to review. On January 19, 2012, Plaintiff also attached

additional financial documents evidencing wire transfers between Comerica Bank and Wachovia

Bank in Plaintiff’s response brief to Defendant Pinkas’ recently filed Motion to Stay (currently

pending before this Court). On January 27, 2012, the Court ordered Plaintiff to show cause as to why

Plaintiff failed to submit all of its evidence regarding whether Plaintiff satisfied its obligations under

the guaranty agreement to the Court while the Court was addressing Plaintiff’s two motions for

summary judgment. 

Plaintiff timely submitted a response addressing the Court’s order to show cause. The

response sets forth in detail as to why Plaintiff continued to submit additional evidence to the Court

after the Court addressed Plaintiff’s motions for summary judgment. Plaintiff also thoroughly

explains why there is no genuine dispute that Plaintiff satisfied its obligations under the guaranty

agreement. Plaintiff attached numerous exhibits, including financial records evidencing payment,

that support Plaintiff’s position. 

In reviewing Plaintiff’s response and the attached exhibits, it appears to the Court that

Plaintiff satisfied its obligations under the guaranty agreement, thus triggering Defendants’

obligations to Plaintiff. Because this is the sole issue that remains in dispute in this case, the Court

finds no reason for this case to proceed to a trial on the merits if Plaintiff has produced sufficient

evidence to entitle it to a judgment against Defendants. The Court, however, also finds it proper to

permit Defendants the opportunity to respond to Plaintiff’s response (and attached exhibits) as to

whether Plaintiff is entitled to a judgment against Defendants because Plaintiff has shown that it paid

its obligation to Wachovia Bank and thus, triggered Defendants’ obligations under the guaranty

agreement.

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Accordingly, IT IS HEREBY ORDERED that the January 27, 2012, Order to Show Cause

is WITHDRAWN [dkt 150].

IT IS FURTHER ORDERED that Defendants may file a response to Plaintiff’s response brief

attached to Plaintiff’s Motion for Leave to File Oversize Brief [dkt 152]. Defendants must file their

responses no later than 5:00 p.m. on March 8, 2012. Defendants’ responses must conform to E.D.

Mich. L.R. 7.1(d). 

IT IS FURTHER ORDERED that Plaintiff may file a reply to Defendants’ responses no later

than 5:00 p.m. on March 22, 2012. Plaintiff’s reply must conform to E.D. Mich. L.R. 7.1(d). 

IT IS SO ORDERED. 

s/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE

Dated: February 9, 2012

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Order was served upon the attorneys of record

by electronic or U.S. mail on February 9, 2012.

s/Marie E. Verlinde 

Case Manager

(810) 984-3290

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