United States Sixth Circuit

In an action against defendant-JP Morgan raising claims of breach of guaranty and pledge agreements and requests for declaratory judgments, dismissal of the complaint and rulings against plaintiffs are affirmed where the district court: 1) acted within its discretion in dismissing the complaint without leave to amend; 2) correctly struck plaintiffs' amended complaint; 3) employed the correct standard of review in examining the complaint; 4) acted without error in looking to bankruptcy court orders when dismissing the complaint; 5) did not err in ignoring the independence of plaintiffs claims as a guarantor; 6) correctly held that plaintiffs' claims were barred by res judicata; and 7) correctly held that the claims were not reserved in a Sale Order, and thus should have been brought during the bankruptcy proceeding.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

• Before:  RYAN, SILER, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John E. Anding, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants.  R. Ryan Stoll, Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois, Melville W. Washburn, Sidley Austin, Chicago, Illinois, for Appellees.   ON BRIEF:  John E. Anding, Thomas V. Hubbard, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants.  R. Ryan Stoll, Andrew J. Jarzyna, Patrick J. Nash, Jr., Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois, Melville W. Washburn, Matthew A. Clemente, Kevin C. Pecoraro, Brian D. Rubens, Sidley Austin, Chicago, Illinois, for Appellees.