Bernath v. Potato Services of Michigan

ORDER

WOODCOCK, District J.

I. Introduction

This Order addresses three motions in the above-captioned matter: the Plaintiffs Motion to Remand; the Defendant’s Motion for Summary Judgment; and the Third-Party Defendant’s Motion for Partial Summary Judgment. For the reasons discussed below, this Court DENIES the Plaintiffs Motion to Remand; GRANTS the Defendant’s Motion for Summary Judgment as to Count I only; and, GRANTS the Third-Party’s Defendant’s Motion for Partial Summary on Count I.

II. Facts and Procedural History

In the fall of 1999, the Defendant, Potato Services of Michigan (“PSMI”),…