1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EARLE STEINBERG, Case No. 09-11836

Plaintiff, HONORABLE SEAN F. COX

United States District Judge

v.

CHARLES YOUNG, et al.,

Defendants.

___________________________________/

ORDER FOR SUPPLEMENTARY BRIEFING

Plaintiff Earl Steinberg (“Steinberg”) filed this breach of contract and fraudulent transfer

action against Defendants Charles Young, Jr. (“Young”), and numerous business entities owned

in whole or in part by Young (“the Young Entities”), in the Oakland County, Michigan Circuit

Court on April 7, 2009. Defendant JPMorgan Chase Bank, N.A. (“the Bank”) was allowed to

intervene in the state Court proceedings on April 29, 2009, and on May 13, 2009, the Bank

removed this action. [Doc. No. 1]. 

Currently pending before the Court are two motions for partial summary judgment: 1) the

Bank’s “Second Motion for Partial Summary Judgment” [Doc. No. 93], and Mr. Young’s

“Concurrent Motion for Partial Summary Judgment” [Doc. No. 95]. 

In opposition to these motions, Mr. Steinberg argues that genuine issues of material fact

exist regarding the value of the SDE Entities being sufficient to satisfy the Bank’s security

interests in those assets. Specific to this order for supplementary briefing, Mr. Steinberg makes

two separate individual arguments: 1) that inconsistencies exist in the Bank’s prior statements

regarding amounts collected from Mr. Young and the SDE Entities since this suit was filed [see
2

Pl.’s Br., Doc. No. 101, p.10]; and 2) that there is evidence that amounts owed by garnishee

defendants remain outstanding to the SDE Entities - and therefore to the Bank’s security interest. 

Id. at 11. 

In light of the importance that the value of the SDE Entity assets has on these

proceedings, the Court ORDERS that the Bank file a supplementary brief, with supporting

documentation, addressing the following issues: 

1. An accounting of ALL monies received by the Bank from - or on behalf of - the SDE

Entities and/or Mr. Young since this lawsuit was filed, with a resulting calculation

of the total outstanding balance on the obligations owed to the Bank by the SDE

Entities (including principal, interest and fees accrued to date, if any); and

2. Specific garnishee disclosures, if any, for three receivables alleged by Mr. Steinberg

in his response brief [see Doc. No. 101, p.11] as outstanding: 

a. $2,200,000 (Corporate Express receivable) (Exhibit 2, Creditor’s Examination

of Young, p.166);

b. $600,000 (Loreto Bay receivable) (Exhibit 2, Creditor’s Examination of

Young, p.166); and 

c. $700,000 (TDS Syncreon receivable) (Exhibit G to Chase’s motion, September

2009 Young Affidavit at Paragraph 9). 

The Bank’s supplementary brief, must be filed no later than Friday, June 11, 2010, and

shall be limited to no more than five (5) pages. Mr. Steinberg’s supplementary response brief,

if any, must be filed no later than Friday, June 25, 2010, and shall be limited to no more than

five (5) pages. The Court will ADJOURN the June 3, 2010 oral argument hearing on the

Bank’s and Mr. Young’s motions [Doc. Nos. 93, 95] to Thursday, July 29, 2010 at 2:00 p.m.

IT IS SO ORDERED. 

Dated: May 27, 2010 S/ Sean F. Cox 

Sean F. Cox

United States District Court Judge
3

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EARLE STEINBERG, Case No. 09-11836

Plaintiff, HONORABLE SEAN F. COX

United States District Judge

v.

CHARLES YOUNG, et al.,

Defendants.

___________________________________/

PROOF OF SERVICE

The undersigned certifies that the foregoing order was served upon counsel of record via the Court’s ECF

System and/or U. S. Mail on May 27, 2010.

s/Jennifer Hernandez 

Case Manager to

District Judge Sean F. Cox