Abode Affordable Housing, LLC v. McCall

Background

Abode Affordable Housing, LLC submitted a letter requesting a pre-motion conference before filing a motion for partial summary judgment on Defendant McCall’s liability. The letter also requested a stay of discovery while the proposed motion was briefed and decided.

According to Abode’s letter, McCall entered into an agreement in March 2015 to transfer and sell his limited partnership interest in Macombs Village Associates L.P. to Abode. The letter asserted that McCall later entered into another agreement, dated March 22, 2017, to sell the same interest to a third party. Abode argued that this second sale breached the earlier agreement and deprived Abode of the agreement’s economic benefits. The letter stated that the third party was recorded as the owner of the interest and that the general partner would not approve a transfer to Abode.

Arguments in the Letter

Abode argued that the undisputed facts established the elements of its breach-of-contract claim: a contract, Abode’s performance, McCall’s breach, and resulting damages. It also argued that several defenses should be rejected, including laches or estoppel, the statute of limitations, and failure to mitigate damages. The letter stated that the amount of damages would be determined through discovery.

Abode additionally argued that discovery should be paused because resolving liability before discovery could be more efficient. The letter stated that the defendants had not consented to the requested stay and that the defendants asserted they had no liability.

What the Court Did

Judge Edgardo Ramos ordered a telephonic pre-motion conference for August 5, 2025, at 11:30 a.m. The provided text does not show a ruling on whether Abode may file the proposed partial-summary-judgment motion, whether summary judgment should be granted, or whether discovery should be stayed. It therefore contains no decision on the underlying breach-of-contract dispute.