U.S. District Courts - Michigan ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsMaritime LawMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Larry McMILLIAN, Petitioner, v. Mary BERGHUIS, Respondent. , W.D.Mich., November 18, 2009 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OVER OBJECTIONS ORDER OVERRULING OBJECTION TO MAGISTRATE JUDGE'S DENIAL OF MOTION FOR EVIDENTIARY HEARING PAUL L. MALONEY, Chief Judge. Petitioner Larry McMillian was convicted by a jury of armed robbery, possession of a firearm during the commission of a felony, felonious assault, and possession of a firearm during a felonious assault. He was sentenced as an habitual offender to concurrent sentences of 216-480 months for armed robbery and ... Richard GINGERICH, Plaintiff, v. Terry ARNOLD, Defendant. , E.D.Mich., November 18, 2009 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SHOW CAUSE ORDER (DOCKET NO. 28) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on Plaintiff's Motion for Show Cause Order filed on October 21, 2009. (Docket no. 28). The Defendant has not responded. The Court dispenses with oral argument pursuant to E.D. Mich. LR 7.1(e). All pretrial matters have been referred to the undersigned for decision. (Docket no. 3). This matter is now ready for rul... UNITED STATES of America, Plaintiff(s), v. Roy Christopher WEST, Michael Eldren Bracey, Alvino Dewight Cornelius, Defendant(s). , E.D.Mich., November 18, 2009 ORDER DENYING DEFENDANTS' MOTION FOR DAUBERT HEARING VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Alvino Cornelius' "Motion for Daubert Hearing as to all Expert Testimony to be Proffered by Government" (Michael Bracey and Roy West join). (Doc. # 367). Defendants' motion is DENIED. II. APPLICABLE LAW AND ANALYSIS Under Fed.R.Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidenc... Bobby HUMPHRIES, Plaintiff, v. ROAD COMMISSION FOR OAKLAND COUNTY, Defendant. , E.D.Mich., November 18, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PATRICK J. DUGGAN, District Judge. Plaintiff Bobby Humphries filed this civil rights action against Defendant Road Commission for Oakland County ("RCOC") on February 23, 2007. In his First Amended Complaint, Mr. Humphries asserts race discrimination and retaliation claims under 42 U.S.C. § 1981 and Michigan's Elliott-Larsen Civil Rights Act. [FN1] Presently before the Court is RCOC's motion for summ... George KUTLENIOS, Plaintiff, v. UNUMPROVIDENT CORPORATION, et. al., Defendants. , E.D.Mich., November 18, 2009 OPINION & ORDER DENYING PLAINTIFF'S MOTIONS FOR RECONSIDERATION OR REHEARING [Doc. Nos. 88, 89] SEAN F. COX, District Judge. Plaintiff George Kutlenios ("Kutlenios") brings the instant civil action against Defendants UnumProvident Corporation and Provident Life and Accident Insurance Company (collectively, "Unum") for breach of contract, and against insurance agent Robert Correa ("Correa") for professional negligence arising out of Kutlenios's application for disability insurance with Unum. ... Abdel Monen YAHYA, Individually and as Personal Representative of the Estate of Said Moshin Yahya, Deceased, Plaintiffs, v. YEMENIA-YEMEN AIRWAYS, a Foreign Corporation for Profit; Northwest Airlines, Inc., a wholly-owned subsidiary of Delta Airlin, E.D.Mich., November 18, 2009 OPINION & ORDER DENYING ARABIAN HORIZONS TRAVEL & TOURISM'S MOTION FOR RECONSIDERATION [Doc. No. 35] SEAN F. COX, District Judge. Plaintiff Abdel Monen Yahya ("Plaintiff"), as personal representative of the Estate of Said Mohsin Yahya ("Yahya") filed this cause of action on November 14, 2008 [Doc. No. 1], alleging that the defendants' refusal to land an international flight during a health emergency caused Yayha's death. The matter is before the Court on Defendant GSA-Arabian Horizons Travel ... Earle STEINBERG, Plaintiff, v. Charles YOUNG, et al., Defendants. , E.D.Mich., November 18, 2009 ORDER DENYING WITHOUT PREJUDICE JPMORGAN CHASE BANK, N.A.'S MOTION FOR PARTIAL SUMMARY JUDGMENT [Doc. No. 61] SEAN F. COX, District Judge. 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 al... UNITED STATES of America, Plaintiff, v. John David SPENCER, Defendant. , E.D.Mich., November 18, 2009 OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR BILL OF PARTICULARS(docket no 14),DENYING DEFENDANT'S MOTION TO SUPPRESS DEFENDANT'S STATEMENTS (docket no. 15),AND HOLDING FOR TRIAL DEFENDANT'S MOTION IN LIMINE (docket no. 16) STEPHEN J. MURPHY, III, District Judge. INTRODUCTION Defendant John David Spencer has been indicted for receipt and distribution of child pornography, and possession of child pornography. Spencer filed three pretrial motions, and did not seek concurrence in the motion... David M. ZOLMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., November 18, 2009 ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BERNARD A. FRIEDMAN, Senior District Judge. This matter is presently before the court on cross motions for summary judgment. Magistrate Judge Virginia Morgan has submitted a Report and Recommendation ("R & R") in which she recommends that defendant's motion be denied, plaintiff's motion be granted, and the matter be remanded for an award of benefits. Neither party has filed objections to the R & R and the deadline for d... Brenda J. BORUFF, o/b/o Dillon Jay BORUFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., November 18, 2009 ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION NANCY G. EDMUNDS, District Judge. This matter has come before the Court on the Magistrate Judge's Report and Recommendation. Being fully advised in the premises and having reviewed the record and the pleadings, including Plaintiff's Objections if any, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation. SO ORDERED. MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. DONALD A. SCHEER, United States Mag... Patricia KONDRATOWICZ, Plaintiff, v. NORTHWEST AIRLINES, INC. RETIREMENT BOARD FOR UNION/REPRESENTED EMPLOYEES (41- 0449230-004), and Northwest Airlines, Inc., jointly and severally, Defendants. , E.D.Mich., November 18, 2009 OPINION & ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION SEAN F. COX, District Judge. This disability benefits appeal is before the Court for consideration of Plaintiff's objections to the Report and Recommendation ("R & R") filed by Magistrate Judge Mona K. Majzoub on May 26, 2009. In the R & R, Magistrate Judge Majzoub recommends that the Court affirm the Plan Administrator's denial of benefits and deny the Cross-Motion for Summary Judgment filed by the Plaintiff. The Court finds that... SKANSKA USA BUILDING INC., a Delaware Corporation, Plaintiff, v. The UNITED STATES of America, United Fire & Casualty Co., an Iowa corporation, and North American Specialty Insurance Co., a New Hampshire corporation, Defendants and United Fire Ca, E.D.Mich., November 18, 2009 OPINION & ORDER GRANTING THE GOVERNMENT'S MOTION FOR RECONSIDERATION [Doc. No. 35] SEAN F. COX, District Judge. Plaintiff Skanska U.S.A. Building, Inc. ("Skanska") filed this interpleader action on February 29, 2008. On May 27, 2009, the Court granted in part and denied in part the cross-motions for summary judgment between cross- plaintiffs United Fire & Casualty Company ("UF & C") and North American Specialty Insurance Company ("NAS") (collectively, "the Sureties") and cross- defendant the Uni... IRON WORKERS' LOCAL 25 PENSION FUND, et al., Plaintiff, v. SOVA STEEL, INC. and Alex M. Sova, Defendants. , E.D.Mich., November 18, 2009 OPINION & ORDER GRANTING PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT AND TO AMEND COMPLAINT [Doc. Nos. 14, 17, 20] SEAN F. COX, District Judge. Plaintiffs Iron Workers' Local 25 Pension Fund, et al. ("the Plaintiffs") filed this action against Defendants Sova Steel, Inc. ("Sova Steel") and Alex M. Sova ("Sova") on July 16, 2008, seeking recoupment of pension funds claimed to be owed to them by Sova Steel. The Defendants filed a counterclaim against the Plaintiffs on August 27, 2008. The matter i... Keith Eric THOMPSON, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. , E.D.Mich., November 18, 2009 OPINION AND ORDER DIRECTING SERVICE OF AMENDED COMPLAINT (DKT NO. 49) UPON CERTAIN DEFENDANTS AND DENYING LEAVE TO AMEND IN PART MARK A. RANDON, United States Magistrate Judge. I. INTRODUCTION On September 15, 2005, Plaintiff Keith Eric Thompson, a former Michigan Department of Corrections prisoner, filed this pro se civil rights complaint alleging violations of his constitutional rights. [FN1] Presently before the Court is Plaintiff's latest attempt to file an amended complaint ("Plaintiff's ... UNITED STATES of America, Plaintiff, v. Francis D. HAYDEN, Defendant. , E.D.Mich., November 18, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, OVERRULING DEFENDANT'S OBJECTIONS, AND DENYING DEFENDANT'S MOTION FOR RETURN OF PROPERTY DAVID M. LAWSON, District Judge. This matter is before the Court on the plaintiff's objections to a report filed by Magistrate Judge Charles E. Binder recommending that the defendant's motion for return of property be denied. Defendant Francis Hayden was convicted of manufacturing 1000 marijuana plants and conspiracy and, because he had two prio... Lawrence J. SCHMITZ, Plaintiff, v. VILLAGE OF BRECKENRIDGE, Village of Breckenridge Council, James Buchanan, Defendants. , E.D.Mich., November 18, 2009 ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT THOMAS L. LUDINGTON, District Judge. On November 27, 2008, Plaintiff Lawrence J. Schmitz filed a seven-count complaint against Defendants Village of Breckenridge, the Village of Breckenridge Council, and James Buchanan, arising out of the non-renewal of his employment contract as Village Manager. On October 9, 2009, the Court granted in part and denied in part in part Defendants' motion for summary judgment. Subsequently, Plaintiff maintain... Arthur PORTER, Plaintiff, v. Jennifer GRANHOLM, et al., Defendants. , W.D.Mich., November 18, 2009 ORDER DENYING MOTION FOR RECONSIDERATION PAUL L. MALONEY, Chief Judge. On October 28, 2009, the court issued an order (Dkt. No. 23) adopting a report and recommendation over objections. On November 12, 2009, Plaintiff Porter timely filed this motion for reconsideration under Federal Rule of Civil Procedure 59(e). The Federal Rules of Civil Procedure provide authority for motions for reconsideration. A party may file a motion to alter or amend a judgment within 10 days after the entry of ju... Carlton Bruce NORTHERN, Plaintiff, v. Felicia M. COURTRIGHT, et al, Defendant. , E.D.Mich., November 17, 2009 ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JOHN FEIKENS, District Judge. The Court having reviewed the Magistrate Judge's Report and Recommendation, filed on 10/23/2009, and noted that no objections were filed by either party, IT IS ORDERED that the Report is accepted and entered as the findings and conclusions of this court. CARLTON BRUCE NORTHERN, Plaintiff, vs. FELICIA M. COURTRIGHT, MICHIGAN ATTORNEY GENERAL CHILD SUPPORT DIVISION, Defendants. REPORT AND RECO... Synea Hasan RAHMAN EL, Plaintiff, v. FIRST FRANKLIN FINANCIAL CORPORATION, Home Loan Services, and Trott and Trott, P.C., Defendants. , E.D.Mich., November 17, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT GERALD E. ROSEN, Chief Judge. This matter having come before the Court on the October 29, 2009 Report and Recommendation of United States Magistrate Judge Virginia M. Morgan recommending that the Court grant Defendants' motions to dismiss and/or for summary judgment; and Plaintiff having timely filed Objections; and the Court having reviewed the Magistrate Judge's Report and Recommendation, Plaint... Fred REEVES, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, Defendant. , E.D.Mich., November 17, 2009 Fred Reeves, St. Louis, MI, pro se. Randall A. Juip, Brian J. Richtarcik, The Juiprichtarcik Law Firm, Detroit, MI, for Defendant. OPINION AND ORDER OVERRULING DEFENDANT'S OBJECTIONS, ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, AND DENYING DEFENDANT'S MOTION TO DISMISS ROBERT H. CLELAND, District Judge. On May 29, 2009, Magistrate Judge Virginia Morgan issued a Report and Recommendation ("R & R") in the above-captioned matter, recommending that the court deny Defendant's m... UNITED STATES of America, Plaintiff, v. Jerry LATIMORE and Luther Gilford, Defendants. , E.D.Mich., November 17, 2009 Graham L. Teall, U.S. Attorney's Office, Detroit, MI, for Plaintiff. ORDER DENYING DEFENDANT GILFORD'S MOTION FOR BILL OF PARTICULARS (DOCKET NO. 37) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on a Motion for Bill of Particulars filed by Defendant Gilford in his criminal case. (Docket no. 37). The Government has filed a Response. (Docket no. 50). The motion has been referred to the undersigned for decision pursuant to 28 U.S.C. § 636(b)(1)(A). (Docke... UNITED STATES of America, Plaintiff, v. Jerry LATIMORE and Luther Gilford, Defendants. , E.D.Mich., November 17, 2009 ORDER DENYING DEFENDANT LATIMORE'S MOTION FOR BILL OF PARTICULARS (DOCKET NO. 31) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on a Motion for Bill of Particulars filed by Defendant Latimore in his criminal case. (Docket no. 31). The Government has filed a Response. (Docket no. 43). The motion has been referred to the undersigned for decision pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket no. 32). The Court dispenses with oral argument on the motion pursu... Linda McCORMICK, Plaintiff, v. Robert BRZEZINSKI, et al., Defendant. , E.D.Mich., November 17, 2009 OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION ROBERT H. CLELAND, District Judge. Pending before the court is pro se Plaintiff Linda McCormick's motion for reconsideration of the court's August 31, 2009 order granting in part and denying in part Defendant Robert Leosh's motion for summary judgment. In that order, the court granted summary judgment to Defendant Leosh on Plaintiff's deliberate indifference to medical needs claim, and denied summary judgment on Plaintiff's exce... METHODE ELECTRONICS, INC., Plaintiff/Counter-Defendant, v. DELPHI AUTOMOTIVE SYSTEMS L.L.C., Defendant/Counter-Plaintiff, Marian, Inc., Defendant, v. Delphi Technologies, Inc., Counter-Plaintiff. , E.D.Mich., November 17, 2009 OPINION AND ORDER GRANTING IN PART DELPHI'S MOTION FOR PROTECTIVE ORDER (# 31) [EX.A 31-3] AND DENYING METHODE'S MOTION FOR PROTECTIVE ORDER (# 30) VIRGINIA M. MORGAN, United States Magistrate Judge. This matter is before the court on two motions for Rule 26(c) protective orders (confidentiality orders) in this patent case. While both Methode and the Delphi parties ask that a protective order be entered, they cannot agree on the form of the order or the provisions therein. No oral argument w... Cal FIZER, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mich., November 17, 2009 OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS BROUGHT PURSUANT TO 28 U.S.C. § 2241 AND REASSIGNING CASE TO JUDGE MARIANNE O. BATTANI FOR CONSIDERATION AS A MOTION TO VACATE SENTENCE BROUGHT PURSUANT TO 28 U.S.C. § 2255 AND DIRECTING THE CLERK OF THE COURT TO RE-FILE THE PLEADINGS IN THIS CASE UNDER CASE DOCKET # 2:07-CR-20593 ARTHUR J. TARNOW, District Judge. Cal Fizer, ("Petitioner"), is presently residing in Grosse Isle, Michigan while awaiting notification from the Unit... Charles JOHNSON, Plaintiff, v. Douglas OLIVER, et al., Defendants. , E.D.Mich., November 17, 2009 OPINION AND ORDER OF SUMMARY DISMISSAL ROBERT H. CLELAND, District Judge. The court has before it Plaintiff Charles Johnson's pro se complaint filed pursuant to 42 U.S.C. § 1983 and alleging violations of his civil rights including his right to liberty. The court has granted Plaintiff's application to proceed without prepayment of the filing fee. See28 U.S.C. § 1915(a). Plaintiff is a state prisoner currently confined at the Mid-Michigan Correctional Facility in St. Louis, Michigan. In his co... Dwight T. BULEY, Petitioner, v. Thomas BELL, Respondent. , E.D.Mich., November 17, 2009 ORDER DENYING PETITIONER'S MOTION TO APPOINT COUNSEL THOMAS L. LUDINGTON, District Judge. On August 26, 2008, Petitioner Dwight Buley filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Dkt. # 1]. Petitioner challenges his conviction by an Oakland County, Michigan jury trial for three counts of first-degree criminal sexual conduct under Mich. Comp. Laws § 750.520b(1)(a) & (b); and one count of second-degree criminal sexual conduct under Mich. Comp. Laws § 750.520c(1)(... Randall Nathan AKINS, Petitioner, v. Jeri-Ann SHERRY, Respondent. , E.D.Mich., November 17, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, BUT GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL THOMAS L. LUDINGTON, District Judge. Petitioner Randall Nathan Akins, presently confined at Chippewa Correctional Facility in Kincheloe, Michigan, has filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Macomb County Circuit Court of multiple firearm offenses and t... Rodney Lionel BRADY, Plaintiff, v. C. ELVERADO, Defendant. , E.D.Mich., November 17, 2009 ORDER (1) GRANTING DEFENDANT'S MOTION TO AMEND THE CAPTION, (2) GRANTING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF THE FEES AND COSTS FOR THIS ACTION, and (3) DIRECTING DEFENDANT TO FILE AN ANSWER TO THE COMPLAINT GERALD E. ROSEN, Chief Judge. I. Introduction Pending before the Court are plaintiff Rodney Lionel Brady's application to proceed without prepayment of the fees and costs for this action and his pro se civil rights complaint naming correctional officer "C. Elverado" as... Terry L. WILSON, Plaintiff, v. The UNITED STATES ATTORNEY GENERAL OFFICE, Defendant. , E.D.Mich., November 17, 2009 OPINION AND ORDER DISMISSING COMPLAINT PURSUANT TO 28 U.S.C. § 1915(g) AND TRANSFERRING CASE TO THE COURT OF APPEALS PURSUANT TO 28 U.S.C. §§ 1631 & 2244(b)(3)(A) THOMAS L. LUDINGTON, District Judge. Plaintiff Terry L. Wilson file pro se civil rights complaint pursuant to 42 U.S.C. § 1983 and other federal statutes on August 27, 2009 [Dkt. # 1]. Plaintiff has also filed an application to proceed without prepayment of fees [Dkt. # 2], and other motions and petitions [Dkt. # 3-8], seeking repr... Matthew CATANZARO, Michael Garrison, Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al, Defendants. , E.D.Mich., November 17, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT HART'S MOTION TO DISMISS PLAINTIFF GARRISON'S CLAIMS FROM THE COMPLAINT THOMAS L. LUDINGTON, District Judge. This matter is before the Court on a report and recommendation issued by Magistrate Judge R. Steven Whalen on August 31, 2009. The magistrate judge recommends that the Court deny Defendant Vercilla Hart's motion to dismiss Plaintiff Garrison's claims from the complaint [Dkt. # 84] because the Sixth Circuit has vacated the j... Nasser ALJALHAM, Plaintiff, v. AMERICAN STEAMSHIP COMPANY, Defendant/Third Party Plaintiff, v. Allouez Marine Supply, Third Party Defendant. , E.D.Mich., November 17, 2009 George T. Fishback, Sachs Waldman, Detroit, MI, for Plaintiff. Paul D. Galea, Foster, Meadows, Detroit, MI, for Defendant/Third Party Plaintiff. R. Carl Lanfear, Cardelli, Lanfear, Royal Oak, MI, for ThirdParty Defendant. ORDER GRANTING IN PART DEFENDANT ALLOUEZ MARINE SUPPLY'S MOTION TO ADJOURN SCHEDULING ORDER DATES GERALD E. ROSEN, Chief Judge. By motion filed on November 4, 2009, Third Party Defendant Allouez Marine Supply ("Allouez") seeks a 60-day extension of various dates and dea... Daniel G. ROCHE, Plaintiff(s), v. CHECKERS DRIVE-IN RESTAURANTS, INC., Defendant(s). , E.D.Mich., November 17, 2009 OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [10] NANCY G. EDMUNDS, District Judge. Plaintiff Daniel G. Roche filed this reverse-race discrimination action, alleging that Defendant Checkers Drive-In Restaurants, Inc. terminated his employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (Title VII), and the Michigan Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2201, et seq. (ELCRA). Defendant denies that it discriminated... UNITED STATES of America, Plaintiff, v. Rudolph Dalron WILLIAMS, et al., Defendants. , E.D.Mich., November 17, 2009 ORDER DIRECTING THE GOVERNMENT TO PROVIDE TO DEFENDANTS AND LODGE WITH THE COURT ANY DEFENDANT' STATEMENT THAT THE GOVERNMENT INTENDS TO USE AS EVIDENCE WITH PROPOSED REDACTIONS TO COMPLY WITH BRUTON V. UNITED STATES ROBERT H. CLELAND, District Judge. Pending before the court are Defendants Rudolph Williams, Frank Pierce, and Derrick Young's separate motions for severance. Having reviewed the briefs, the court will order the Government to lodge with the court and provide to the Defendants any... Ian Aza Jerome OWENS, Movant, v. UNITED STATES of America, Respondent. , W.D.Mich., November 17, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on Movant Ian Aza Jerome Owens' motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. Movant filed his § 2255 motion on July 2, 2007. (Dkt. No. 1.) The United States filed a response on November 20, 2007. (Dkt. No. 12.) Movant filed a reply on April 3, 2008. (Dkt. No. 22 .) For the reasons that follow, Movant's § 2255 motion will be denied. I. Background On May 10, 2004, Movant was convic... Ian Aza Jerome OWENS, Movant, v. UNITED STATES of America, Respondent. , W.D.Mich., November 17, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter is before the Court on Movant Ian Aza Jerome Owens' "Motion for Order to Correct Judgment" under Fed.R.Civ.P. 59(e) (Dkt. No. 18, 02/25/2008), which the Court will treat as a motion for reconsideration. See United States v. Arredondo, 349 F.3d 310, 313-14 (6th Cir.2003); United States v. Correa-Gomez, 328 F.3d 297, 299 (6th Cir.2003). A court may grant a motion under Rule 59(e) if there is a need to address: (1) a cl... David SCOTT, Plaintiff, v. Bernadette STONE, Michael Lewis, Jan Bigelow, and Tracie Shaw, Defendants. , E.D.Mich., November 17, 2009 ORDER DENYING PLAINTIFF'S MOTION TO MODIFY ORDER (# 23) GEORGE CARAM STEEH, District Judge. Plaintiff David Scott, appearing pro per, moves under Federal Rule of Civil Procedure 60(a) and (b)(6) for relief from this court's September 14, 2009 Order requiring him to pay $2,901.62 in costs by December 14, 2009 as a condition of proceeding with this lawsuit, or face dismissal of his claims. Pursuant to E.D. Mich. Local R. 7.1(e)(2), it is ORDERED that the motion be resolved without oral argument... Jerome SUEING, Petitioner, v. Kenneth McKEE, Respondent. , W.D.Mich., November 17, 2009 OPINION JANET T. NEFF, District Judge. This is a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation recommending that this Court deny the petition as barred by the one-year statute of limitations. The matter is presently before the Court on Petitioner's objections to the Report and Recommendation. Also before the Court is Petitioner's "Motion to Add Additional Authorities," which the Court grants a... Melissa BRADBURY, Petitioner, v. Millicent WARREN, Respondent. , E.D.Mich., November 17, 2009 ORDER SUMMARILY DISMISSING THE HABEAS PETITION, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL GERALD E. ROSEN, Chief Judge. I. Introduction Petitioner Melissa Bradbury is a state prisoner at Huron Valley Correctional Facility in Ypsilanti, Michigan. She has filed a pro se petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges her state sentence of nine and half to twenty years in prison for two co... Ralphe ARMSTRONG, Plaintiff, v. EAGLE ROCK ENTERTAINMENT, INC., Defendant. , E.D.Mich., November 17, 2009 OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION ROBERT H. CLELAND, District Judge. Pending before the court is Plaintiff's motion for reconsideration, filed on September 24, 2009, in response to the court's September 10, 2009 opinion and order granting Defendant's motion for summary judgment. For the reasons stated below, the court will deny Plaintiff's motion. I. BACKGROUND Defendant Eagle Rock produces and sells a two-disc DVD, entitled "Mahavishnu Orchestra, Live at Mont... Michael R. SANTIAGO Sr., Plaintiff(s), v. Michael Kraig KOURT, Oney Dustin Reckner, Vernon Matthew Hunkele, John Christopher Hunt, Roy Christopher Vandyke, Deputy Sergeant Aungst, Richard Carl Polan, John Doe, Lenawee County, and Larry Richardson, , E.D.Mich., November 17, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Defendants Michael Kraig Kourt, Oney Dustin Reckner, Vernon Matthew Hunkele, John Christopher Hunt, Roy Christopher VanDyke, Deputy Sergeant Aungst, Richard Carl Polan, Lenawee County and former Sheriff Larry Richardson's (collectively, "Defendants") "Motion in Lieu of Responsive Pleadings." (Doc. # 9). Defendants ask the Court to dismiss Michael R. Santiago Sr.... John AGNELLO, Plaintiff, v. INSTANT CASH ADVANCE CORPORATION, Jill Kurtansky John Durkee, Steven Leach, Defendants. , E.D.Mich., November 17, 2009 ORDER DETERMINING AMOUNT OF SANCTIONS IMPOSED ON PLAINTIFF'S COUNSEL AND DENYING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO RESPOND TO SUMMARY OF EXPENSES THOMAS L. LUDINGTON, District Judge. On November 4, 2008, Plaintiff John Agnello filed a complaint stemming from his discharge from Defendant Instant Cash Advance ("ICA"). Defendants John Durkee and Steven Leach are the owners of Defendant ICA and Defendant Jill Kurtansky was a branch manager. Generally, Plaintiff alleges that Defendants disch... Gregory J. DUJARDINE, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant. , W.D.Mich., November 17, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. Before the Court is a motion for a bench trial filed by Defendant Michigan Department of Corrections ("MDOC"). (Dkt. No. 71.) In this action, Plaintiff Gregory DuJardine, a prisoner acting pro se, alleges that Defendant violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1 et seq., by preventing Plaintiff from participating in the kosher-meal program at the facility where he is ... James J. BROWN, Plaintiff, v. City of DETROIT, et al., Defendants. , E.D.Mich., November 17, 2009 OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION THOMAS L. LUDINGTON, District Judge. Plaintiff James J. Brown, a state inmate incarcerated at Muskegon Correctional Facility in Muskegon, Michigan, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 on June 19, 2009, seeking, inter alia, a declaration that the circumstances of his arrest involved unconstitutional conduct by government officials. Plaintiff was granted leave to proceed without prepayment of the fil... Ernest T. GREEN, Jr., Plaintiff, v. Susan RONDEAU, Michigan Department of Corrections, Defendants. , E.D.Mich., November 17, 2009 OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE THOMAS L. LUDINGTON, District Judge. On June 25, 2009, pro se prisoner Plaintiff Ernest T. Green, Jr., filed a civil rights complaint pursuant to 42 U.S.C. § 1983, against Defendants Susan Rondeau, a parole agent, and the Michigan Department of Corrections. Generally, Plaintiff claims that Defendants improperly revoked his parole for an unspecified conviction. Plaintiff seeks monetary damages and an order releasing him from incarceratio... UNITED STATES of America, Plaintiff(s), v. D-1 Timothy Dennis O'REILLY, Defendant(s). , E.D.Mich., November 17, 2009 ORDER GRANTING DEFENDANT'S MOTION TO PROHIBIT THE GOVERNMENT FROM USING THE WORD "GANG" WHEN REFERRING TO THE BLUE STONE MOTORCYCLE CLUB VICTORIA A. ROBERTS, District Judge. This matter is before the Court on Timothy O'Reilly's Motion in Limine to Prohibit the Government from Using the Word "Gang" When Referring to the Blue Stone Motorcycle Club ("BSMC"). (Doc. # 377). O'Reilly says the Court should prohibit the Government from referring to BSMC as a gang for five reasons: (1) BSMC was nei... Paula OWENS, Plaintiff, v. DETROIT DIESEL CORPORATION, et al., Defendants. , E.D.Mich., November 16, 2009 OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND ROBERT H. CLELAND, District Judge. Pending before the court is Plaintiff's motion to remand. Having reviewed the briefs, the court concludes a hearing on this motion is unnecessary. See E.D. Mich. LR 7.1(e)(2). For the reasons stated below, the court will grant Plaintiff's motion and will remand the case to Wayne County Circuit Court. I. BACKGROUND On August 10, 2009, Plaintiff filed a complaint in Wayne County Circuit Court alleging (... Eddie WAGLE, Petitioner, v. Jeri-Ann SHERRY, Defendant. , W.D.Mich., November 16, 2009 MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION ROBERT HOLMES BELL, District Judge. Before the Court is Petitioner Eddie Wagle's motion for reconsideration. The Magistrate Judge issued a Report and Recommendation ("R & R") recommending that this Court deny Petitioner's habeas petition. (Dkt. No. 37.) Petitioner filed objections to the R & R. (Dkt. No. 38.) The Court denied Petitioner's objections and adopted the R & R, and Petitioner now seeks reconsideration of the Court's or... Grady PARKER, Jr., Plaintiff, v. UNITED STATES ARMY, Defendant. , E.D.Mich., November 16, 2009 RDER GRANTING DEFENDANT'S MOTION TO DISMISS (# 7) GEORGE CARAM STEEH, District Judge. Plaintiff Grady Parker, Jr. served in the United States Army ("the Army") from January 1980 to August of 1981. On May 1, 2009, Parker brought suit against the Army out of claims related to his service in the Army. Parker alleges he was assaulted by another private during basic training in 1980. Parker also alleges that he was assigned to Military Policy duty in Germany without his permission. Parker alleges ... James Lee CALLAHAN, Jr., Movant, v. UNITED STATES of America, Respondent. , W.D.Mich., November 16, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on Movant James Lee Callahan, Jr.'s motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. (Dkt. No. 1.) The government has filed a response to the motion. (Dkt. No. 4.) For the reasons that follow, Movant's § 2255 motion will be denied. I. Background On April 20, 2006, in accordance with a plea agreement, Movant pleaded guilty to the distribution of 50 grams or more of cocaine base in vio... Duane Milton McCLAIN, Jr., Movant, v. UNITED STATES of America, Respondent. , W.D.Mich., November 16, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on Movant Duane Milton McClain, Jr.'s motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. Movant filed his § 2255 motion on February 4, 2008. (Dkt. No. 1.) The United States filed a response on October 8, 2009. (Dkt. No. 15.) For the reasons that follow, Movant's § 2255 motion will be granted. I. Background On October 4, 2006, in accordance with a written plea agreement (File No 1:05-CR... HONEYWELL INTERNATIONAL, INC., a Delaware Corporation, Plaintiff, v. LUTZ ROOFING COMPANY, INC., a Michigan Corporation, Defendant. , E.D.Mich., November 16, 2009 ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION MARIANNE O. BATTANI, District Judge. Before the Court is Defendant's Motion for Reconsideration of the Court's order denying its motion for judgment on the pleadings and granting Plaintiff's cross-motion for summary judgment. For the reasons that follow, the Court DENIES Defendant's motion. I. PROCEDURAL HISTORY AND FACTS When this Court granted Plaintiff Honeywell International, Inc.'s (Honeywell) Cross-Motion for Summary Judgment, it h... Jeremy Daniel SCHUH, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS et al., Defendants. , W.D.Mich., November 16, 2009 OPINION ROBERT J. JONKER, District Judge. This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant im... Mary COVINGTON, Plaintiff, v. RAINBOW APPARREL OF AMERICA, INC., Defendant. , E.D.Mich., November 16, 2009 OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PAUL D. BORMAN, District Judge. I. INTRODUCTION This is a premises liability case. Plaintiff Mary Covington, a 72-year- old female, claims that she sustained injuries when she slipped and fell on a wet mat on the floor in the entranceway of Defendant Rainbow Apparrel of America, Inc. ("Rainbow" or "Defendant"), a clothing store located in Highland Park, Michigan. Defendant argues that it is entitled to summary judgment because (... Mary Ann ROJEK, Plaintiff, v. CATHOLIC CHARITIES, INC., Defendant. , E.D.Mich., November 16, 2009 OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR DISMISSAL PURSUANT TO FED. R. CIV. P. 12(b)(1) AND (5) GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiff Mary Ann Rojek commenced this action on October 22, 2008, asserting employment discrimination claims against Defendant Catholic Charities of Jackson, Inc., a social services agency. This Court's subject matter jurisdiction rests upon Plaintiff's pursuit of federal law claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §... Bruno CHOINIERE, Plaintiff, v. MANAGED HEALTH SERVICES, et al., Defendants. , E.D.Mich., November 16, 2009 ORDER DENYING PLAINTIFF'S THIRD MOTION FOR RELIEF FROM JUDGMENT VICTORIA A. ROBERTS, District Judge. Before the Court is Plaintiff's third motion for relief from judgment under Federal Rule of Civil Procedure 60(b) concerning the Court's summary dismissal of his civil rights complaint brought pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Court dismissed the complaint pursuant to 28 U.S.C. §§ 1915(e) (2)(B) and ... Hilal SEKLAWI, Petitioner, v. Kenneth ROMANOWSKI, Respondent. , E.D.Mich., November 16, 2009 ORDER DENYING RESPONDENT'S MOTION TO DISMISS, GRANTING PETITIONER'S MOTION TO ACCEPT PETITIONER'S FIRST AMENDED PETITION AND DIRECTING RESPONDENT TO FILE AN ANSWER VICTORIA A. ROBERTS, District Judge. Petitioner Hilal Seklawi, through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his convictions for second-degree criminal sexual conduct and using the internet with the intent to commit criminal sexual conduct. Respondent has filed a M... Devon ECHOLS, Petitioner, v. Carol HOWES, Respondent. , E.D.Mich., November 16, 2009 ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION GEORGE CARAM STEEH, District Judge. This matter is before the Court on Petitioner's motion for reconsideration concerning the Court's September 1, 2009 opinion and order granting Respondent's motion for summary judgment and dismissing the petition for a writ of habeas corpus on statute of limitations grounds. Petitioner's motion must be denied. A motion for reconsideration must be filed within 10 days after entry of the judgment, seeFed.R.... Tobias MITCHELL, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mich., November 16, 2009 Sequoia Dubose, Law Office of Sequoia Dubose, Detroit, MI, for Petitioner. Tobias Mitchell, pro se. Leonid Feller, U.S. Attorney's Office, Detroit, MI, for Respondent. ORDER DENYING § 2255 MOTION FOR HABEAS RELIEF (# 13) AND DENYING CERTIFICATE OF APPEALABILITY GEORGE CARAM STEEH, District Judge. Tobias Mitchell, appearing pro per, filed a motion on February 6, 2009, for habeas relief and relief from his sentence under 28 U.S.C. § 2255 claiming four different grounds of relief. Becaus... BRICKLAYERS PENSION TRUST FUND-METROPOLITAN AREA, et al., Plaintiffs, v. EVERLAST MASONRY, INC., et al., Defendant. , E.D.Mich., November 16, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL DISCOVERY (DOCKET NO. 23) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on Plaintiffs' Motion to Compel Discovery filed on September 16, 2009. (Docket no. 23). Defendants did not file a response. The parties filed an Amended Joint Statement Of Resolved And Unresolved Issues Regarding Discovery With Respect To Defendant DRKK Development, LLC on November 9, 2009. (Docket no.... Ernest FLAGG, as Next Friend of Jonathan Bond; Taris Jackson, as Next Friend of Ashly Jackson; and Brian Greene, as Next Friend of India Bond, Plaintiffs, v. CITY OF DETROIT, et al., Defendants. , E.D.Mich., November 16, 2009 ORDER REGARDING VARIOUS PENDING DISCOVERY MATTERS GERALD E. ROSEN, Chief Judge. On November 10, 2009, the Court held a hearing on various discovery- related matters in this case, and also met with counsel in chambers to further address these matters. The present order sets forth the Court's rulings on these matters. First, by motion filed on September 29, 2009, Plaintiffs sought leave of the Court for six current Detroit Police Department ("DPD") officers and two retired DPD officers to be... AMERICAN AUTOMOBILE ASSOCIATION, INC., Plaintiff, v. ADVANCED AMERICAN AUTO WARRANTY SERVICES, Inc., Defendant. , E.D.Mich., November 16, 2009 OPINION AND ORDER (1) DISMISSING COUNT V OF THE COMPLAINT, (2) DENYING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), and (3) DENYING PLAINTIFF'S REQUEST FOR AN ORDER UNDER FED. R. CIV. P. 11(c)(3) PAUL D. BORMAN, District Judge. I. INTRODUCTION This is a trademark infringement case. Plaintiff American Automobile Association, Inc. ("AAA" or "Plaintiff") claims that Defendant Advanced American Auto Warranty Services, Inc. ("Defendant") knowingly and willfully infringed on i... Alfredo BARRIENTOZ, Plaintiff, v. L. WILSON et al., Defendants. , W.D.Mich., November 16, 2009 OPINION ROBERT J. JONKER, District Judge. This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can b... Gary Phillip WILLIAMS, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mich., November 16, 2009 ORDER DISMISSING § 2255 PETITION (# 37), AND DENYING CERTIFICATE OF APPEALABILITY GEORGE CARAM STEEH, District Judge. Petitioner Gary Phillip Williams filed a 28 U.S.C. § 2255 motion on April 17, 2009 seeking relief from his August 15, 2007 sentence of 71 months imprisonment, following his plea-based conviction for felon in possession in violation of 18 U.S.C. § 922(g)(1). The facts and legal arguments presented in the parties' briefs are sufficient to adjudicate the motion. Oral argument wou... Frank REYNOLDS, III, Petitioner, v. UNITED STATES of America. , E.D.Mich., November 16, 2009 ORDER DENYING MOTION FOR RETURN OF FORFEITED FUNDS PAUL D. BORMAN, District Judge. On September 1, 1981, Petitioner was charged in an indictment, in which Count Two alleged that he was engaged in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. § 848, and that his interest in certain assets (later forfeited) were subject to forfeiture under 21 U.S.C. § 848(a)(2). Petitioner alleges that after a jury convicted Defendant, the Court entered a preliminary order of forfeiture on... Frank REYNOLDS, III, Petitioner, v. UNITED STATES of America. , E.D.Mich., November 16, 2009 ORDER DENYING MOTION FOR RETURN OF FINE PAUL D. BORMAN, District Judge. Petitioner filed a Motion requesting the Court to order the United States to "return any fines, assessments, penalties or costs paid to the government ... with respect to Count Two" in criminal case 81-50046-2 (Petitioner's Motion, Feb. 26, 2008, P.1). The Court's Judgment and Commitment Order (J & C) of June 30, 1982, notes that Petitioner was convicted of three separate crimes: CCE in violation of 21 U.S.C. § 848, In... Joel CARTER, Plaintiff, v. WEIDMAN, et al., Defendants. , E.D.Mich., November 16, 2009 REPORT AND RECOMMENDATION MONA K. MAJZOUB, United States Magistrate Judge. I. RECOMMENDATION: The Motion for Summary Judgment filed by Defendants Blain, Charbonneau, Bellows, Kocot, Colamarino, Meyhofer, Winn, and Svensen on June 23, 2009 (docket no. 69) should be GRANTED and these Defendants should be dismissed. The Motion for Partial Summary Judgment filed by Plaintiff on August 7, 2009 (docket no. 74) should be DENIED. II. REPORT: This is a pro se civil rights action filed by a Michigan st... Joel CARTER, Plaintiff, v. WEIDMAN, et al., Defendants. , E.D.Mich., November 16, 2009 OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR COPIES OF PLAINTIFF7<< currency>> OBJECTIONS TO THE MARCH 3, 2009 REPORT AND RECOMMENDATION (DOCKET NO. 70) AND GRANTING PLAINTIFF7F<> MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 71) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on two motions filed by Plaintiff. (Docket no. 1). The first motion filed on June 25, 2009 is Plaintiff's Motion fo... Laurie MATHEWS, et al., Plaintiffs, v. ALC PARTNER, INC., et al., Defendants. , E.D.Mich., November 16, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS ERISA CLAIMS STEPHEN J. MURPHY, III, District Judge. On May 28, 2009, the Court granted to Plaintiffs leave to file their first amended complaint. Docket no. 70. Defendants ALC Partner, Inc., et al. ("ALC") swiftly moved to dismiss this complaint on June 17, 2009. The Court resolved the vast majority of that motion in an Opinion and Order dated July 31, 2009, dismissing, without prejudice, Counts Four through Thirteen. Docket no. 83. The Court did ... Brent Wilson RICHARDS, Plaintiff, v. KENT COUNTY SHERIFF'S DEPARTMENT et al., Defendants. , W.D.Mich., November 16, 2009 OPINION ROBERT J. JONKER, District Judge. This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can b... Anthony FEURTADO, Petitioner, v. Christopher ZYCH, Respondent. , E.D.Mich., November 16, 2009 OPINION AND ORDER SUMMARILY DENYING THE PETITION FOR WRIT OF HABEAS CORPUS BROUGHT PURSUANT TO 28 U.S.C. § 2241 VICTORIA A. ROBERTS, District Judge. Anthony Feurtado, (petitioner), incarcerated at the Brooklyn Community Corrections Center in Brooklyn, New York, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, in which he challenges an amended judgment and commitment order issued on his sentence out of the U.S. District Court for South Carolina, for conspiracy to posses... Geraldine A. FUHR, Plaintiff, v. SCHOOL DISTRICT OF the CITY OF HAZEL PARK, Defendant. , E.D.Mich., November 16, 2009 ORDER DONALD A. SCHEER, United States Magistrate Judge. This matter is before the magistrate judge on Order of Reference for hearing and determination of Defendant's Emergency Motion to Disqualify Plaintiff's Attorney for Improperly Contacting Defendant's Highest Administrator's Without the Consent of [Defendant's] Counsel. The parties appeared for hearing on October 15, 2009. Following the hearing, the matter was taken under advisement pending the submission of Supplemental Briefs. Defendant... MSC.SOFTWARE CORPORATION, Plaintiff(s), v. ALTAIR ENGINEERING, INC., Marc Klinger, Andrea Pertosa, Stephan Koerner, Tom Riedeman, Rajiv Rampalli Mark Krueger, and Michael Hoffman, Defendant(s). , E.D.Mich., November 16, 2009 ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO RE-DESIGNATE DOCUMENTS IMPROPERLY DESIGNATED HIGHLY CONFIDENTIAL/ATTORNEYS' EYES ONLY VICTORIA A. ROBERTS, District Judge. On September 15, 2009, MSC filed a "Motion to Re-Designate Documents Improperly Designated Highly Confidential/Attorneys' Eyes Only." (Doc. # 356). MSC asks the Court to re-designate approximately one thousand documents and deposition testimony to a different level of protection. MSC's motion was referred to Special... Hanadi AJAMI and Mohamed Ajami, Plaintiffs, v. INDYMac MORTGAGE SERVICES, and IndyMac Federal Bank, Defendants. , E.D.Mich., November 13, 2009 MEMORANDUM AND ORDER GRANTING DEFENDANT INDYMAC MORTGAGE SERVICES' MOTION TO DISMISS AND DISMISSING DEFENDANT INDYMAC FEDERAL BANK WITHOUT PREJUDICE AND DISMISSING CASE [FN1] FN1. The Court originally scheduled this matter for hearing. Upon review of the parties' papers, however, the Court finds that oral argument is not necessary. See E.D. Mich. LR 7.1(e)(2). AVERN COHN, District Judge. I. Introduction This is a mortgage case. [FN2] Plaintiffs Hanadi Ajami and Mohamed Ajami are suing d... W.W. WILLIAMS MIDWEST, INC., Plaintiff, v. LIEN WAVER, her engines, tackle, and gear, Defendant. , W.D.Mich., November 13, 2009 OPINION ROBERT HOLMES BELL, District Judge. Plaintiff/Counter-Defendant W.W. Williams Midwest, Inc. ("Williams") filed this action against the Lien Waver, a vessel, seeking payment of the balance due on Defendant's account for labor and materials furnished to the Lien Waver for the repair of its engines. Defendant filed a Counter-Complaint alleging breach of contract and violation of the Michigan Consumer Protection Act, Mich. Comp. Laws §§ 445.903(e), (n), (s), and (bb). This matter was t... Scott Alan PARDEE, Petitioner, v. Catherine BAUMAN, Respondent. , W.D.Mich., November 13, 2009 MEMORANDUM AND ORDER R. ALLAN EDGAR, District Judge. Petitioner Scott Alan Pardee, a Michigan state prisoner in the custody of the Michigan Department of Corrections, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The case was referred to Magistrate Judge Timothy P. Greeley for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and W.D. Mich. LCivR 72.1(d). On May 29, 2009, Magistrate Judge Greeley submitted his report and recommendation. [Doc. No. 2]. It is ... James Anthony WILLIAMS, Petitioner, v. Gary CAPELLO, Respondent. , W.D.Mich., November 13, 2009 MEMORANDUM AND ORDER R. ALLAN EDGAR, District Judge. Petitioner James Anthony Williams, a Michigan state prisoner in the custody of the Michigan Department of Corrections, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The case was referred to Magistrate Judge Timothy P. Greeley for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and W.D. Mich. LCivR 72.1(d). On June 11, 2009, Magistrate Judge Greeley submitted his report and recommendation. [Doc. No. 2]. ... Louis David JOHNSON, Jr., Plaintiff, v. Dean VELMER, et al., Defendants. , W.D.Mich., November 13, 2009 MEMORANDUM OPINION DENYING LEAVE TO PROCEED IN FORMA PAUPERIS--THREE STRIKES R. ALLAN EDGAR, District Judge. Plaintiff Louis David Johnson, Jr., a prisoner incarcerated at the Baraga Maximum Correctional Facility (AMF), filed a complaint pursuant to 42 U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis. Because Plaintiff has filed at least three lawsuits which were dismissed as frivolous, he is barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g). The court will o... Melvin LANE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Mich., November 13, 2009 ORDER APPROVING REPORT AND RECOMMENDATION JANET T. NEFF, District Judge. The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed October 28, 2009, is approved and adopted as the opinion of the court. IT IS FURTHER... Stephen K. BEDWELL, and Te-Khi Travel Court, Inc., Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for FMAC Loan Receivables Trust 1998-C and FMAC Loan Receivables Trust 1998-D, and Capmark Financial Group, Inc., Defendants. , W.D.Mich., November 13, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on Plaintiffs' motion for jury trial. (Dkt. No. 19.) For the reasons that follow the motion will be denied. I. A party waives a jury trial unless it makes a jury demand within ten days of the last pleading. Fed.R.Civ.P. 38(d). However, if a party fails to make a timely jury demand, the court, on motion, may order a jury trial on any issue for which a jury might have been demanded. Fed.R.Civ.P. 39(b). " 'A district ... Shae REICHLEY and Amanda Bordner, Plaintiffs, v. ABERCROMBIE & FITCH STORES, INC., and Andrew Dietzel, Defendants. , W.D.Mich., November 13, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. Plaintiffs bring this action alleging that Defendant Andrew Dietzel, an employee of Defendant Abercrombie & Fitch Stores, Inc., took photographs and video of Plaintiffs while Plaintiffs were undressing and published them on the Internet. (Dkt. No. 1, Ex. A, Compl.) Before the Court are stipulated protective orders filed by the parties. The first order covers "any document which reflects sensitive, private or confidential informa... David MARTIN, Plaintiff, v. NILES HOUSING COMMISSION, et al., Defendants. , W.D.Mich., November 13, 2009 OPINION ROBERT HOLMES BELL, District Judge. Before the Court is a motion for summary judgment filed by Defendants Niles Housing Commission, Niles Housing Commission Board of Directors, Scott Clark, Georgia Boggs, and Jessica Millar. (Dkt. No. 31.) The Court has reviewed the parties' briefing with respect to the motion and has determined that oral argument is not necessary. W.D. Mich. LCivR 7.2(d). For the reasons that follow, the Court will grant Defendants' motion in part as to Plaintiff's f... Derrick HAMPTON, Petitioner, v. Linda METRISH, Respondent. , E.D.Mich., November 13, 2009 James S. Lawrence, Royal Oak, MI, for Petitioner. Andrew L. Shirvell, M.I. Dept Of Atty. Gen., Lansing, MI, for Respondent. OPINION AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS AND (2) DENYING CERTIFICATE OF APPEALABILITY PAUL D. BORMAN, District Judge. Petitioner Derrick Hampton has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, who is incarcerated at the Kinross Correctional Facility in Kincheloe, Michigan, challenges his convictions ... Henry NELSON, Plaintiff, v. WAYNE STATE UNIVERSITY, Defendant. , E.D.Mich., November 13, 2009 Isaiah Lipsey, Jr., Southfield, MI, for Plaintiff. Amy L. Stirling, Nemeth Burwell, Detroit, MI, Linda M. Galante, Wayne State University Office of the General Counsel, Detroit, MI, for Defendant. ORDER GRANTING MOTION FOR SUMMARY JUDGMENT VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Defendant's Motion for Summary Judgment. Plaintiff filed Response. For the reasons stated, the Court GRANTS the Motion. II. BACKGROUND Plaintiff Henry Nelson bri... UNITED STATES of America, Plaintiff, v. Lateresa WILSON, Defendant. , E.D.Mich., November 13, 2009 Mark Chasteen, Regina R. Mccullough, U.S. Attorney's Office, Detroit, MI, for Plaintiff. Marvin Barnett, Marvin Barnett, Detroit, MI, for Defendant. OPINION AND ORDER VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on the Government's Combined Motions In Limine to Preclude Reference to Witnesses' Criminal Histories ("Motions 1-9") [Doc. 14] and the Government's Amended Notice and Motion in Limine Regarding Intent to Introduce Evidence of Prior Acts Un... WEATHER UNDERGROUND, INC., a Michigan corporation, Plaintiff, v. NAVIGATION CATAYLST SYSTEMS, INC., a Delaware corporation; Basic Fusion, Inc., a Delaware corporation; Connexus Corp., a Delaware corporation; and Firstlook, Inc., a Delaware corporat, E.D.Mich., November 13, 2009 Anthony P. Patti, Hooper, Hathaway, Ann Arbor, MI, Brian A. Hall, Enrico Schaefer, Traverse Legal, Traverse City, MI, for Plaintiff. John P. Jacobs, John P. Jacobs Assoc., Detroit, MI, for Defendant. OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) OR, IN THE ALTERNATIVE, TRANSFER MARIANNE O. BATTANI, District Judge. Before the Court is Defendant's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) or in the Alte... Larry LIGE, Jr., Petitioner, v. Linda M. METRISH, Respondent. , E.D.Mich., November 13, 2009 Larry Lige, Kalkaska, MI, pro se. Raina I. Korbakis, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER GRANTING PETITIONER'S MOTION TO AMEND, DENYING THE PETITION FOR WRIT OF HABEAS CORPUS, AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY JOHN CORBETT O'MEARA, District Judge. Petitioner Larry Lige, Jr., has filed a pro se application for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. Also pending before the Court is Petitioner's motion ... Patrick Kevin MISHALL, Petitioner, v. Millicent WARREN, Respondent. , E.D.Mich., November 13, 2009 Patrick Kevin Mishall, Lapeer, MI, pro se. Laura A. Cook, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER DENYING THE HABEAS CORPUS PETITION, DENYING PETITIONER'S MOTION FOR APPOINTMENT OF A NEXT FRIEND, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL THOMAS L. LUDINGTON, District Judge. Petitioner Patrick Kevin Mishall, presently confined at the Thumb Correctional Facility in Lapeer, Mic... Marcus JACKSON, Petitioner, v. Linda METRISH, Respondent. , E.D.Mich., November 13, 2009 Marcus Jackson, Muskegon Heights, MI, pro se. Brad H. Beaver, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS BERNARD A. FRIEDMAN, District Judge. The petitioner, Marcus Jackson, a state inmate currently incarcerated at the Earnest C. Brooks Correctional Facility in Muskegon Heights, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his convictions ... Ricardo ARIAS, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., November 13, 2009 James S. Lawrence, Royal Oak, MI, for Petitioner. Raina I. Korbakis, Michigan Department of Attorney General, Lansing, MI, for Respondent. ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION (D/E-10) ANNA DIGGS TAYLOR, District Judge. This matter is before the court on Magistrate Judge Paul J. Komives's Report and Recommendation of September 25, 2009, recommending that Petitioner's Application for a Writ of Habeas Corpus be denied. The court has reviewed the file, Petitioner's Objec... Cari Lynn RYAN and Dumitru Redenciuc, Plaintiffs, v. Mick DEDVUKAJ, District Director, United States Citizenship and Immigration Services; Alejandro Mayorkas, Director, United States Citizenship and Immigration Services; and Janet Napolitano, Secre, E.D.Mich., November 13, 2009 ORDER DISMISSING PLAINTIFFS' ACTION VICTORIA A. ROBERTS, District Judge. Plaintiffs Cari Lynn Ryan and her husband, Dumitru Redenciuc, sued Defendants to compel adjudication of Ms. Ryan's I-130 Petition for Alien Relative, filed on April 29, 2004 on behalf of her husband, and Mr. Redenciuc's concurrently filed I-485 Application to Adjust Status. Plaintiffs assert jurisdiction under 28 U.S.C. § 1331 (federal question jurisdiction), the Mandamus and Venue Act of 1962 ("MVA"), 28 U.S.C. § 1361, ... Darrin BRASWELL, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., November 13, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS ANNA DIGGS TAYLOR, District Judge. Petitioner Darrin Braswell, [FN1] a state inmate currently incarcerated at the Baraga Maximum Correctional Facility in Baraga, Michigan, [FN2] filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In October 2002, a Wayne County, Michigan, circuit court jury convicted ... Bryan Allen JACKSON, Petitioner, v. Nick LUDWICK, Respondent. , E.D.Mich., November 13, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS ANNA DIGGS TAYLOR, District Judge. Petitioner Bryan Allen Jackson, a state inmate currently incarcerated at the St. Louis Correctional Facility in St. Louis, Michigan, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. In Apri... CAMP SCANDINAVIA AB, Peter Allard Holding AB, and Light Weight Support AB, Plaintiffs/Counter-Defendants, v. TRULIFE, INC., and Trulife, Ltd., Defendants/Counter-Plaintiffs. , E.D.Mich., November 13, 2009 OPINION AND ORDER DENYING DEFENDANTS' JUNE 8, 2009 MOTION FOR SUMMARY JUDGMENT FOR INVALIDITY; DENYING PLAINTIFFS' JUNE 8, 2009 MOTION FOR SUMMARY JUDGMENT-- NO ANTICIPATION FOR CLAIM 1; DENYING PLAINTIFFS' JUNE 8, 2009 MOTION FOR SUMMARY JUDGMENT--NON-OBVIOUSNESS OF CLAIM 1; DENYING PLAINTIFFS' JUNE 8, 2009 MOTION FOR SUMMARY JUDGMENT RE: PLAINTIFFS' PRODUCTS COVERED BY THE PATENT-IN SUIT; AND DENYING PLAINTIFFS' JUNE 8, 2009 MOTION FOR PARTIAL SUMMARY JUDGMENT--INFRINGEMENT OF CLAIM 1 JOHN CO... Michael SANDERS, Plaintiff, v. KETTERING UNIVERSITY, Defendant. , E.D.Mich., November 13, 2009 JEanmarie Miller, Gregory T. Gibbs Assoc., Flint, MI, for Plaintiff. James B. Perry, Rick A. Haberman, Dickinson Wright, Detroit, MI, for Defendant. ORDER DENYING MOTION FOR RECONSIDERATION VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Plaintiff's Motion for Partial Reconsideration of September 17, 2009 Opinion and Order Adopting the Report and Recommendation of the Magistrate. Defendant Kettering University filed a Response. For the reasons stat... UNITED STATES of America, Plaintiff(s), v. Joshua E. BONDERENKA, Defendant(s). , E.D.Mich., November 13, 2009 ORDER DENYING DEFENDANT'S MOTION UNDER FED. R. CRIM. P. 35(b) VICTORIA A. ROBERTS, District Judge. On March 26, 2008, Defendant Joshua Bonderenka was convicted by jury of two counts of Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1), and two counts of Possession of a Stolen Firearm under 18 U.S.C. § 922(j). On December 5, 2008, the Court sentenced him to 120 months of detention. Before the Court is Defendant's pro se Motion for Reduction of Sentence Pursuant to Rule... Richard J. SIMPSON, Plaintiff, v. PRISON HEALTH SERVICES, et. al., Defendants. , E.D.Mich., November 12, 2009 OPINION AND ORDER TRANSFERRING PLAINTIFF'S CIVIL RIGHTS COMPLAINT TO THE WESTERN DISTRICT OF MICHIGAN R. STEVEN WHALEN, United States Magistrate Judge. Richard J. Simpson, ("plaintiff"), presently confined at the Muskegon Correctional Facility in Muskegon, Michigan, has filed a civil rights complaint in this district pursuant to 42 U.S.C. § 1983. In his complaint, plaintiff claims that he is being denied adequate medical care by the defendants. For the reasons stated below, the Court will tra... UNITED STATES of America, Plaintiff, v. Brent Michael VREELAND, Defendant. , W.D.Mich., November 12, 2009 DECISION PURSUANT TO FED. R. CRIM. P. 23(c) and 32.1(b) (2) GORDON J. QUIST, District Judge. On October 22, 2009, this Court tried Defendant, Brent Michael Vreeland in Case No. 1:09:CR:130, on two counts for having, in essence, lied to his probation officer while Defendant was on supervised release, in violation of 18 U.S.C. § 1001(a). A parallel petition for having violated supervised release has also been filed in Case No. 1:04:CR:232-06 regarding Defendant's prior conviction before this Co... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff, v. Tammy CHURCH, Charles Davis, and the United States of America, Defendants. , W.D.Mich., November 12, 2009 ORDER DENYING MOTION FOR RECONSIDERATION PAUL L. MALONEY, Chief Judge. Plaintiff Mortgage Electronic Registration Systems (MERS) filed a motion (Dkt. No. 48) for reconsideration. The underlying dispute concerns the priorities of two interests on real property. Defendant Church owns property on Torch Lake Drive in Antrim County, Michigan. Plaintiff MERS holds a mortgage on that property. The mortgage was executed on August 2, 2006 and the money was used to pay off an earlier mortgage, along... Timothy McGUIRE and James Lee Joseph Ryan, Plaintiffs, v. Royal Oak Police Sgt. Douglas WARNER, et al., Defendants. , E.D.Mich., November 12, 2009 ORDER DENYING DEFENDANTS' MOTION TO STAY SEAN F. COX, District Judge. This matter is currently before the Court on Defendants' Motion to Stay. The Court finds that the issues have been adequately presented in the parties' briefs and that oral argument would not significantly aid the decisional process. See Local Rule 7.1(e) (2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the motion will be decided upon the briefs. For the reasons that follow, the motion... Larry Darnell LEWIS, Petitioner, v. Barry DAVIS, Respondent. , E.D.Mich., November 12, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS DAVID M. LAWSON, District Judge. The petitioner, Larry Darnell Lewis, formerly confined at the Newberry Correctional Facility in Newberry, Michigan but currently on parole, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted on his plea of guilty in the Monroe County, Michigan circuit court of one count of attempted bank robbery, Mich. Comp. Laws § 750.531, and being a t... Jeffrey CATO, Petitioner, v. John PRELESNIK, Respondent. , W.D.Mich., November 12, 2009 Jeffrey Cato, Handlon, Ionia, MI, pro se. Andrew L. Shirvell, MI Dept. Attorney General, Lansing, MI, for Respondent. MEMORANDUM OPINION JOSEPH G. SCOVILLE, United States Magistrate Judge. This is a habeas corpus proceeding brought by a state prisoner pursuant to 28 U.S.C. § 2254. Petitioner is serving sentences imposed on October 9, 2002, in the Wayne County Circuit Court after a jury convicted him of second- degree murder, assault with intent to commit armed robbery, possession of a fi... Jack TILLMAN, Jr., Petitioner, v. Thomas BIRKETT, Respondent. , E.D.Mich., November 12, 2009 Matthew M. Robinson, Robinson & Brandt, Covington, KY, for Petitioner. ORDER DECLINING TO GRANT A CERTIFICATE OF APPEALABILITY, BUT GRANTING PETITIONER'S APPLICATION FOR LEAVE TO APPEAL IN FORMA PAUPERIS VICTORIA A. ROBERTS, District Judge. Petitioner Jack Tillman, Jr., has appealed the Court's Order adopting the Magistrate Judge's Report and Recommendation with modification. Pending before the Court is Petitioner's application to proceed in forma pauperis on appeal. The Court must treat... Christopher LEE, Plaintiff, v. Thomas BIRKETT, et al, Defendants. , E.D.Mich., November 12, 2009 Christopher Lee, Baraga, MI, pro se. Christine M. Campbell, MI Dept. of Atty. Gen., Lansing, MI, for Defendants. ORDER OVERRULING DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT AVERN COHN, District Judge. This is a prisoner civil rights case under 42 U.S.C. § 1983. In general terms, plaintiff, proceeding pro se, claims that defendants failed to provide sanitary prison conditions which posed a threat to his health in violation of his co... Mike MILLER, Petitioner, v. Thomas K. BELL, Respondent. , E.D.Mich., November 12, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS DAVID M. LAWSON, District Judge. The petitioner, Mike Miller, presently confined at the Gus Harrison Correctional Facility in Adrian, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted on his plea of no contest in the Genesee County, Michigan circuit court of first-degree home invasion, Mich. Comp. Laws § 750.110a(2). He was sentenced as a second habitual offe... David Andrew CHURCH, Petitioner, v. Blaine LAFLER, Respondent. , W.D.Mich., November 12, 2009 OPINION PAUL L. MALONEY, Chief Judge. This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, RULES GOVERNING § 2254 CASES; see28 U.S.C. § 2243. If so, the petition must... Toran V. PETERSON, Plaintiff, v. Unknown FOCO et al., Defendants. , W.D.Mich., November 12, 2009 Toran V. Peterson, Ionia, MI, pro se. ORDER PAUL L. MALONEY, Chief Judge. This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. This matter is before the Court upon Plaintiff's motion for reconsideration (docket # 18) of the judgment dismissing his case without prejudice for failure to comply with the Court's order for partial service (docket # 12), which required Plaintiff to file two (2) copies of the amended complaint and exhibits for service upon Defendants F... UNITED STATES of America, Plaintiff, v. Craig M. STONE, Defendant. , W.D.Mich., November 12, 2009 Donald A. Davis, U.S. Attorney, Grand Rapids, MI, Patrick J. Murray, Washington, DC, Richard M. Rolwing, Columbus, OH, for Plaintiff. ORDER JANET T. NEFF, District Judge. Pending before the Court is defendant Stone's Motion for Judgment of Acquittal pursuant to Fed. R.Crim. P. 29(c) (Dkt 388). The government has filed a response in opposition (Dkt 415). For the reasons that follow, the Court denies the motion. Defendant was charged on October 3, 2007 with conspiracy to defraud the United... Jonathon Carl SCHEIDLER, Petitioner, v. Mary BERGHUIS, Respondent. , E.D.Mich., November 12, 2009 F. Martin Tieber, Tieber Law Office, Saginaw, MI, for Petitioner. Andrew L. Shirvell, MI Dept. of Atty Gen., Lansing, MI, for Respondent. ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS BERNARD A. FRIEDMAN, District Judge. Petitioner Jonathon Carl Scheidler has filed a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons given below and at a hearing held in this Court, the petition is GRANTED. I. Background On June 3, 2003, an Ogemaw County Circuit Court... Doyle MARTEN, Petitioner, v. Raymond BOOKER, Respondent. , E.D.Mich., November 12, 2009 Doyle Marten, Detroit, MI, pro se. Brad H. Beaver, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS, AND (2) DENYING CERTIFICATE OF APPEALABILITY PAUL D. BORMAN, District Judge. Petitioner Doyle Marten, a state inmate currently incarcerated at the Chippewa Correctional Facility in Kincheloe, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S .C. § 2254. Petitioner chall... Kia MAXWELL, Individually, and as Next Friend of T.D., a minor, and B.R., a minor, Plaintiffs, v. Darren DODD; A. Roeske; Smith; John Doe, five unknown agents of the United States Secret Service; United States of America; Sterling Heights Police De, E.D.Mich., November 12, 2009 Rex A. Burgess, Heidi J. Junttila, Heidi T. Sharp, Burgess and Sharp, LLC, Clinton Township, MI, for Plaintiffs. William L. Woodard, U.S. Attorney's Office, Detroit, MI, for Defendants. OPINION AND ORDER PATRICK J. DUGGAN, District Judge. This action arises from the arrest of Bryan Ross at the home of Kia Maxwell, T.D., and B.R. (collectively "Plaintiffs") on October 18, 2007. Presently before the Court is a Motion for Final Judgment by the United States and a Motion for Judgment as a Ma... Malcom P. COLEMAN, Petitioner, v. Shirlee HARRY, Respondent. [FN1]FN1. By Order entered this date, Shirlee A. Harry has been substituted in place of Mary Berghuis as the proper respondent in this action. , E.D.Mich., November 10, 2009 Malcolm Coleman, Muskegon, MI, pro se. Brian O. Neill, Michigan Department of Attorney General, Lansing, MI, for Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING APPLICATION FOR WRIT OF HABEAS CORPUS AND DISMISSING CASE AVERN COHN, District Judge. I. This is a habeas case under 28 U.S.C. § 2254. Petitioner Malcom P. Coleman (Petitioner), a state prisoner convicted by a jury of armed robbery and home invasion, claims he is incarcerated in violation of his constitutional ri... Simone T. JORDAN-EL, Plaintiff, v. David MOORE, et al., Defendants. , W.D.Mich., November 10, 2009 OPINION GORDON J. QUIST, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. Plaintiff has paid the entire filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relie... Ernest William STILLER, Petitioner, v. Fabian LAVIGNE, Respondent. , W.D.Mich., November 10, 2009 OPINION JANET T. NEFF, District Judge. In 1997, a Michigan jury found Petitioner, Ernest W. Stiller, guilty of second degree murder, in violation of Mich. Comp. Laws § 750.317, and the unauthorized practice of medicine, in violation of Mich. Comp. Laws § 333.16294. The trial court sentenced Petitioner to concurrent terms of eight to twenty years imprisonment and two to four years imprisonment for the respective convictions. The Michigan Court of Appeals affirmed Petitioner's conviction and se... Claytus Roger McALLISTER, Petitioner, v. Mary BERGHUIS, Respondent. , W.D.Mich., November 10, 2009 OPINION JANET T. NEFF, District Judge. This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules Governing § 2254 Cases; see28 U.S.C. § 2243. If so, the petit... Howard SANDERS, Plaintiff, v. Barbara SAMPSON, et al., Defendants. , W.D.Mich., November 10, 2009 OPINION GORDON J. QUIST, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief... Christopher ANDERSON, Petitioner, v. Barry DAVIS, Respondent. , W.D.Mich., November 10, 2009 James Sterling Lawrence, Royal Oak, MI, for Petitioner. ORDER REJECTING REPORT AND RECOMMENDATION GORDON J. QUIST, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on May 29, 2009. The Report and Recommendation was duly served on the parties. The Court has received an objection from Petitioner. Pursuant to 28 U.S.C. § 636(b)(1), the Court has performed de novo consideration of those portions of the Report and Rec... Thomas Henry BLUMENTHAL, Plaintiff, v. Jim ARMSTRONG, et al., Defendants. , W.D.Mich., November 10, 2009 Thomas Henry Blumenthal, Parnall (MSP), Jackson, MI, for Plaintiff. Allan J. Soros, MI Dept. Attorney General, Lansing, MI, for Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION GORDON J. QUIST, District Judge. The Court has before it Petitioner's objections to the Report and Recommendation dated June 12, 2009. In his Report, the Magistrate Judge recommended that Plaintiff's motion for a preliminary injunction and a temporary restraining order be denied because Plaintiff failed to est... Harold Dean ROBERTS, Jr, Plaintiff, v. ACCIDENT FUND INSURANCE COMPANY OF AMERICA, Abby Barr, Donna Bashore, Laura DeLuca, and John Doe, Defendants. [FN1]FN1. Plaintiff originally named Louisiana Homes, Lillia Dodson, and Elisa Dodson as defendants, E.D.Mich., November 10, 2009 Harold Dean Roberts, Jr., Southfield, MI, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT ACCIDENT FUND INSURANCE COMPANY OF AMERICA'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT (Dkt. # 25) AND GRANTING DEFENDANTS ABBY BARR, DONNA BASHORE, LAURA DeLUCA'S MOTION TO DISMISS (Dkt.# 68) AND DISMISSING CASE AVERN COHN, District Judge. I. This is a case claiming violations of the Family Medical Leave Act, 42 U.S.C. § 12112 (FMLA) and access to courts. Plaintiff is pro se.... POWERTRAIN PRODUCTION SYSTEMS, L.L.C., Plaintiff, v. NEMAK OF CANADA CORPORATION, Defendant. , E.D.Mich., November 10, 2009 Lauren G. Northrop, The Miller Law Firm, Rochester, MI, for Plaintiff. Richard C. Sanders, Miller, Canfield, Detroit, MI, for Defendant. ORDER JULIAN ABELE COOK, JR., District Judge. On July 3, 2009, the Plaintiff, Powertrain Production Systems, L.L.C. ("Powertrain"), commenced this lawsuit, in which it accused the Defendant, Nemak of Canada Corporation ("Nemak"), of violating the terms of the parties' mutually agreed upon contract. On July 30th, Nemak filed a motion to dismiss and comp... Michael Joseph STERHAN, Petitioner, v. Thomas K. BELL, Respondent. , E.D.Mich., November 10, 2009 Shirley J. Burgoyne, Shirley J. Burgoyne Assoc., Ann Arbor, MI, for Petitioner. Brian O. Neill, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER DENYING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS ARTHUR J. TARNOW, District Judge. I. Introduction Petitioner Michael Joseph Sterhan, a state inmate currently confined at the Gus Harrison Correctional Facility in Adrian, Michigan, through counsel, filed this application for writ of habeas corpus pursu... Neil SPIZIZEN, Individually, Neil Spizizen Revocable Living Trust, U/A/D 7/3/86, and Crescendo Homes, Inc., Plaintiffs, v. NATIONAL CITY CORPORATION, et al., Defendants. , E.D.Mich., November 10, 2009 Mayer Morganroth, Morganroth & Morganroth, Southfield, MI, for Plaintiffs. William G. Asimakis, Jr., Clark Hill, Detroit, MI, for Defendants. OPINION AND ORDER REGARDING DEFENDANTS' MOTION TO DISMISS AND PLAINTIFFS' MOTION FOR REMAND GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiffs Neil Spizizen, Neil Spizizen Revocable Living Trust, and Crescendo Homes, Inc. commenced this suit in state court on April 3, 2009, asserting state-law claims of conversion, breach of contract, and brea... Raymond RIZA, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., Defendant. , E.D.Mich., November 10, 2009 ORDER REMANDING STATE LAW CLAIMS SEAN F. COX, District Judge. Plaintiff filed this action in Wayne County Circuit Court alleging the following claims: "Violations of 15 U.S.C. § 1639" (Count I); "Predatory Lending" (Count II); "Violation of Truth in Lending Act, 15 U.S.C. § 1601et seq." (Count III); "Fraudulent Misrepresentation" (Count IV); "Negligent Misrepresentation" (Count V); "Violation of Fair Credit Reporting Act" (Count VI); and "Violation of Mortgage Brokers, Lender & Services Licen... Phillip BROWN, Petitioner, v. Shirlee HARRY, Respondent. , E.D.Mich., November 10, 2009 OPINION AND ORDER (1) DENYING PETITIONER'S MOTION TO HOLD HABEAS PETITION IN ABEYANCE, (2) DENYING MOTION TO EXCUSE EXHAUSTION, AND (3) DISMISSING PETITION WITHOUT PREJUDICE PATRICK J. DUGGAN, District Judge. On October 2, 2009, Michigan prisoner Phillip Brown ("Petitioner") filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2003 convictions in Oakland County Circuit Court for first- degree premeditated murder in violation of Michigan Complied Laws ... UNITED STATES of America, Plaintiff, v. Martell Lavar PEOPLES, Defendant. , W.D.Mich., November 9, 2009 Roman J. Kosiorek, Grand Rapids, MI, for Defendant. Sean C. Maltbie, Andrew B. Birge, U.S. Attorney, Grand Rapids, MI, for Plaintiff. OPINION ROBERT J. JONKER, District Judge. Defendant Martell Peoples moves to suppress evidence (docket # 20) discovered during a search that occurred before the Supreme Court published its opinion in United States v. Gant, --- U.S. ----, 129 S.Ct. 1710, 1723, 173 L.Ed.2d 485 (2009). The Government concedes that the search did not meet the Gant standard, bu... Nadine A. WALLER, Plaintiff, v. FORD MOTOR COMPANY, Defendant. , E.D.Mich., November 9, 2009 ORDER JULIAN ABELE COOK, JR., District Judge. This case pertains to claims by the pro se Plaintiff, Nadine A. Waller, who contends that the Defendant-now her former employer, Ford Motor Company ("Ford Motor"), (1) "subjected [her] to disparate treatment with respect to compensation, disability, transfer and discipline" and (2) breached the terms of its collective bargaining agreement with the United Auto Workers, Local 387 ("Union"). On June 29, 2009, Ford Motor filed a motion for summary ... SUNDRAM FASTENERS LIMITED, Plaintiff, v. FLEXITECH, INC., Defendant. , E.D.Mich., November 9, 2009 FINDINGS OF FACTS, CONCLUSIONS OF LAW, AND APPLICATION OF FACTS TO THE LAW ROBERT H. CLELAND, District Judge. The matter is before the court for a determination pursuant to Federal Rule of Civil Procedure 52(a) [FN1] on Plaintiff Sundram Fasteners Limited ("Sundram's") breach of contract claims against Defendant Flexitech, Inc. ("Flexitech"). FN1.Rule 52(a) provides: "In an action tried on the facts without a jury ... the court must find the facts specially and state its conclusions ... Steven ROBBINS and Misty Robbins, Plaintiffs, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), et al., Defendants. , W.D.Mich., November 9, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on a motion to dismiss for failure to state a claim, or in the alternative, for summary judgment, filed by Defendants Mortgage Electronic Registration Systems, Inc. (MERS), Deutsche Bank National Trust Company for FFML 2006-FFL3 ("Deutsche Bank"), and Americas Servicing Company (ASC) (collectively, "Mortgage Defendants"). (Dkt. No. 7.) Defendant Transnation Title Insurance Company ("Transnation") filed a concurrence i... SUPPLY NETWORK, INC., Plaintiff, v. VICTAULIC COMPANY, Defendant. , W.D.Mich., November 9, 2009 Patrick F. Geary, Tawanna D. Wright, Smith Haughey Rice & Roegge PC, Grand Rapids, MI, for Plaintiff. Julie Lam, Kevin G. Dougherty, Warner Norcross & Judd LLP, Grand Rapids, MI, for Defendant. OPINION JANET T. NEFF, District Judge. Plaintiff filed this declaratory judgment action in Kent Circuit Court in Michigan, seeking a declaration that defendant has a duty to defend and indemnify plaintiff in litigation involving the parties' supply of pipe for fire sprinkler systems. Defendant rem... Carol BELLE, Plaintiff, v. SUNBEAM PRODUCTS, INC. d/b/a Jarden Consumer Solutions, Defendant. , E.D.Mich., November 9, 2009 Ronald M. Applebaum, Weiner & Cox, Southfield, MI, for Plaintiff. Stephen T. Moffett, Moffett, Vitu, Birmingham, MI, for Defendant. ORDER DENYING PLAINTIFFS' APPLICATION FOR RELIEF FROM LOCAL COUNSEL OBLIGATION ROBERT H. CLELAND, District Judge. Before the court is Plaintiffs' counsel's appearance and simultaneous "application" [FN1] seeking to avoid the necessity of specifying local counsel pursuant to Eastern District of Michigan Local Rule 83.20(f), which provides: FN1. Plai... Donald LEE, Plaintiff, v. Jimmy G. PUTNAM et al., Defendants. , E.D.Mich., November 9, 2009 Donald Lee, Fox Lake, WI, pro se. Christine M. Campbell, MI Dept. of Atty. Gen., Lansing, MI, for Defendant. ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [39] AND DENYING DEFENDANT'S EMERGENCY MOTION REQUESTING AN ORDER DIRECTING JAILERS TO RETURN ALL FUNDS TAKEN IN VIOLATION OF THE FILING FEE ORDER GIVEN BY THIS COURT AND CLARIFICATION ON HOW IT WORKS [33] ARTHUR J. TARNOW, District Judge. On October 15, Magistrate Judge Morgan issued a Report and Recommendation [39] ... INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant. , E.D.Mich., November 9, 2009 Julia Penny Clark, Bredhoff and Kaiser, Washington, DC, John E. Stember, William T. Payne, Edward J. Feinstein, Ellen M. Doyle, Joel R. Hurt, Pamina G. Ewing, Stephen M. Pincus, Stember Feinstein Doyle & Payne, LLC Pittsburgh North Office, Pittsburgh, PA, for Plaintiffs. Jonathan L. Abram, Audrey E. Moog, Hogan & Hartson, Washington, DC, Kathleen A. Lang, Dickinson Wright, Detroit, MI, for Defendant. ORDER AND FINAL JUDGMENT ROBERT H. CLELAND, District Judge. Based on the Findings of Fa... INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant. , E.D.Mich., November 9, 2009 Julia Penny Clark, Bredhoff and Kaiser, Washington, DC, John E. Stember, William T. Payne, Edward J. Feinstein, Ellen M. Doyle, Joel R. Hurt, Pamina G. EwingStephen M. Pincus, Stember Feinstein, Pittsburgh, PA, for Plaintiffs. Jonathan L. Abram, Audrey E. Moog, Hogan & Hartson, Washington, DC, Kathleen A. Lang, Dickinson Wright, Detroit, MI, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING AMENDMENTS TO THE 2008 SETTLEMENT AGREEMENT ROBERT H. CLELAND, District Judge. The pa... Torry Jay TURNER, Plaintiff, v. Jackie NADEAU, et al., Defendants. , W.D.Mich., November 9, 2009 OPINION R. ALLAN EDGAR, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief ... William G. HICKS, Plaintiff, v. Unknown NOVAK et al., Defendants. , W.D.Mich., November 9, 2009 OPINION PAUL L. MALONEY, Chief Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant... UNITED STATES of America, Plaintiff, v. D-10, Dexter Hussey, Defendant. , E.D.Mich., November 9, 2009 Julie A. Beck, Michael C. Leibson, Dawn N. Ison, U.S. Attorney's Office, Detroit, MI, for Plaintiff. ORDER DENYING MOTION FOR RECONSIDERATION AVERN COHN, District Judge. This is a criminal case. Because defendant is representing himself, and as a consequence, the case has presented to the Court severe management problems. The Court entered an order on October 30, 2009, requiring the government, among other things, to include in its exhibit book photographs of the several non-documentary exh... BASKIN-ROBBINS FRANCHISING LLC, et al., Plaintiffs/Counter-Defendants, v. N & J's, INC., et al., Defendants/Counter-Plaintiffs. , E.D.Mich., November 9, 2009 Douglas R. Kelly, Clark Hill, Birmingham, MI, David E. Worthen, Iris F. Rosario, Gray, Plant, Washington, DC, for Plaintiffs. John J. Schrot, Jr., Alan R. Miller Assoc., Birmingham, MI, for Defendants. ORDER TERMINATING DEFENDANTS'/COUNTER-PLAINTIFFS' 10/30/09 (1) "MOTION FOR SUMMARY JUDGMENT" AND (2) "AMENDED MOTION TO AMEND/CORRECT APPENDIX" ROBERT H. CLELAND, District Judge. On October 23, 2009, the court extended the deadline for filing dispositive motions to October 30, 2009. On Oct... Michael SHERWOOD Frederick Joseph Cable Michael Allan Slis, Peter Powell Anthony L. Martin, Anthony Wooten Russell Daryl Gilmore, Gary Alva Thatcher Kelvin David Moffit, David Clark Joseph Cahee, Raymond Ambrose Goodnow Curtis Smith, Billy Ray Houser, W.D.Mich., November 9, 2009 OPINION R. ALLAN EDGAR, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief ... Fa'Dee MULAZIM, et. al, Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et. al, Defendants. , E.D.Mich., November 9, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION AVERN COHN, District Judge. This is a pro se prisoner civil rights case under 42 U.S.C. § 1983 which has long since closed. In 1982, plaintiff Fa'Dee Mulazim filed a complaint. [FN1] In 1992, the Court dismissed the case and the Court of Appeals for the Sixth Circuit dismissed plaintiff's appeal. Now, approximately seventeen years later, plaintiff [FN2] began filing papers in the case, including the following: [FN3] FN1. Plaintiff filed a... APPLIED ENERGY TECHNOLOGIES, INC., Plaintiff, v. SOLAR LIBERTY ENERGY SYSTEMS, INC., Defendants. , E.D.Mich., November 9, 2009 ORDER DENYING PLAINTIFF'S "MOTION FOR RECONSIDERATION ..." ROBERT H. CLELAND, District Judge. Pending before the court is a "Motion for Reconsideration, Motion for Leave to File a Sur-Reply, and Request for Oral Argument," filed on August 31, 2009 by Plaintiff Applied Energy Technology, Inc. ("AET"). The motion has been fully briefed, and the court determines that a hearing is not required. [FN1]See E.D. Mich. LR 7.1(e)(2); 7.1(g). For the reasons set forth below, the court will deny the mot... Artis JOHNSON, Petitioner, v. Hugh WOLFENBARGER, Respondent. , E.D.Mich., November 9, 2009 Artis Johnson, Detroit, MI, pro se. Brian O. Neill, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER DENYING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT, DENYING PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DENYING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL ROBERT H. CLELAND, District Judge. Petitioner Artis Johnson filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction for arm... Timothy McGUIRE and James Lee Joseph Ryan, Plaintiffs, v. Royal Oak Police Sgt. Douglas WARNER, Defendants. , E.D.Mich., November 9, 2009 ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION SEAN F. COX, District Judge. This matter is currently before the Court on Defendants' "Motion for Reconsideration of Defendants' Renewed Motion to Disqualify Judge" (Docket Entry No. 225). The Court finds that oral argument would not significantly aid the decisional process. See Local Rule 7.1(e)(2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the motion be decided without oral argument. For the reason... Jonathan BELL, Plaintiff, v. PREFIX, INC., Defendant. , E.D.Mich., November 9, 2009 ORDER LAWRENCE P. ZATKOFF, District Judge. This matter is before the Court on Plaintiff's motion for default judgment [dkt 118]. The parties have fully briefed the motion. The Court finds that the facts and legal arguments are adequately presented in the parties' papers such that the decision process would not be significantly aided by oral argument. Therefore, pursuant to E.D. Mich. L.R. 7.1(e)(2), it is hereby ORDERED that the motion be resolved on the briefs submitted. For the following re... John RAWLS, Plaintiff, v. Officer LYNCH and K Sheets, Defendants. , E.D.Mich., November 9, 2009 ORDER DENYING MOTION TO ALTER JUDGMENT DAVID M. LAWSON, District Judge. On October 15, 2009, the Court denied the plaintiff's application to proceed on appeal without prepayment of fees. The Court initially denied the plaintiff in forma pauperis status in this Court after determining that more than three of the plaintiff's previous complaints had been dismissed as frivolous. Presently before the Court is the plaintiff's motion to alter judgment. The Court will construe this as a motion to rec... Dondi Earl EATON, Petitioner, v. Cindi CURTIN, Respondent. , E.D.Mich., November 9, 2009 OPINION AND ORDER DENYING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT UNDER FEDERAL RULE 60(b) JOHN CORBETT O'MEARA, District Judge. On March 24, 2009, this Court denied Petitioner's petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254, finding that the petition was not timely filed under 28 U.S.C. § 2244(d)(1). (Dkt.# 12.) Before the Court now is Petitioner's motion for relief from judgment filed pursuant to Fed.R.Civ.P. 60(b)(1). For the reasons stated below, the motion ... UNITED STATES of America, Plaintiff, v. Martell Lavar PEOPLES, Defendant. , W.D.Mich., November 9, 2009 ORDER DENYING MOTION FOR RECONSIDERATION ROBERT J. JONKER, District Judge. This matter is before the Court on the government's Motion for Reconsideration (docket # 30) of the Court's Order (docket # 29) granting Defendant Martell Peoples' motion to suppress (docket # 20). A motion for reconsideration requires the moving party to demonstrate "a palpable defect by which the Court and the parties have been misled" and to show that a different disposition of the case must result from a correction... Jane DOES, Plaintiffs, v. R & B OF MUSKEGON, INC. et al., Defendants. , W.D.Mich., November 6, 2009 ORDER DENYING EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER and NOTICE OF HEARING ON MOTION FOR PRELIMINARY INJUNCTION PAUL L. MALONEY, Chief Judge. Plaintiffs, exotic dancers who work for Defendants, filed a complaint alleging violations of their rights under federal and state laws. Plaintiff allege violations of the Fair Labor Standards Act and Michigan's Minimum Wage Law, as well as several torts. Plaintiffs seek designation as a class. Along with their complaint, Plaintiffs filed an ex ... Rodney HERNANDEZ, Plaintiff, v. Cindi CURTAIN, Defendant. , W.D.Mich., November 6, 2009 Rodney Hernandez, Brooks (MSP), Muskegon Heights, MI, pro se. Julia R. Bell, MI Dept. Attorney General, Lansing, MI, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION OVER OBJECTIONS PAUL L. MALONEY, Chief Judge. Plaintiff Hernandez, a prisoner under the control of the Michigan Department of Corrections (MDOC) filed a civil rights suit under 42 U.S.C. § 1983 alleging violations of his Due Process rights. The parties filed cross motions for summary judgment. [FN1] The magistrate jud... UNITED STATES of America, Plaintiff, v. James Arthur DANIEL, Defendant. , W.D.Mich., November 6, 2009 Mark V. Courtade, U.S. Attorney, Grand Rapids, MI, for Plaintiff. Joseph F. Tevlin, Wyoming, MI, for Defendant. MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (docket # 71). Based on a review of defendant's motion, the Sentence Modification Report, submissions by counsel on behalf of the defendant and the government, and the original crimina... Ellen GARBER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., November 6, 2009 Ellen Garber, Sheperd, MI, pro se. Susan K. Ausa Declercq, U.S. Attorney's Office, Detroit, MI, for Defendant. ORDER DENYING PLAINTIFF'S MOTION TO SUPPLEMENT THE RECORD THOMAS L. LUDINGTON, District Judge. On June 17, 2009, pursuant to a report and recommendation of Magistrate Judge Michael Hluchaniuk, the Court affirmed the Commissioner of Social Security's determination that pro se Plaintiff Ellen Garber was in part responsible for causing and accepting an overpayment of supplemental s... Gene O. POLK, Petitioner, v. Fred MENIFEE, Respondent. , E.D.Mich., November 6, 2009 Gene Polk, U. S. P., Pollock, LA, for Petitioner. OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY ARTHUR J. TARNOW, District Judge. Petitioner Gene O. Polk filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his 1995 convictions for intentional killing and several drug-related offenses. The Court transferred the petition to the United States District Court for the Western District of Louisiana because Petitioner was (and remains) incarcerated... Demond HARRIS, Petitioner, v. John PRELESNIK, Respondent. , E.D.Mich., November 6, 2009 Demond Harris, Ionia, MI, pro se. William C. Campbell, Michigan Department of Attorney General, Lansing, MI, for Respondent. ORDER GRANTING APPOINTMENT OF COUNSEL STEPHEN J. MURPHY, III, District Judge. Pending before the Court are Demond Harris's pro se application for the writ of habeas corpus under 28 U.S.C. § 2254 and his motion to hold the habeas petition in abeyance. The habeas petition challenges Harris's state convictions for assault with intent to do great bodily harm less than ... Donald Joseph MARCHESE, Jr., Petitioner, v. Blaine LAFLER, Respondent. , W.D.Mich., November 6, 2009 Donald Joseph Marchese #230524, Jr., Carson City, MI, pro se. OPINION ROBERT HOLMES BELL, District Judge. This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules... Brooke Elizabeth HEIKE, Plaintiff, v. Sue GUEVARA, Dave Heeke, Patricia Pickler, Defendants. , E.D.Mich., November 6, 2009 Cindy R. Victor, Victor Firm, Sterling Heights, MI, for Plaintiff. Michael E. Cavanaugh, Fraser, Trebilcock, Lansing, MI, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART REMAINDER OF DEFENDANTS' MOTION TO DISMISS, DISMISSING PLAINTIFF'S NEGLIGENT HIRING AND NEGLIGENT SUPERVISION CLAIMS AGAINST DEFENDANT HEEKE, DISMISSING PLAINTIFF'S DEFAMATION CLAIMS AGAINST DEFENDANTS HEEKE AND PICKLER, AND GRANTING PLAINTIFF LEAVE TO AMEND THE COMPLAINT TO ALLEGE SPECIAL DAMAGES THOMAS L. LUDIN... Linda Jenice BROWN, et al., Plaintiffs, v. Alexander ERNST, et al., Defendants. , E.D.Mich., November 6, 2009 ORDER DENYING MOTION FOR PROTECTIVE ORDER (Dkt.122) MICHAEL HLUCHANIUK, United States Magistrate Judge. This case began as a wrongful death action with the underlying claim being settled and the net proceeds of the settlement amount being distributed, with the authority of the court, to Minnie Curry on May 22, 2008. (Dkt.92). Under the terms of that order the entire net proceeds of the lawsuit, $803,363.00, was paid to Ms. Curry, the decedent's grandmother. On February 13, 2009, Earnest Gr... Henry BETHUNE, Plaintiff, v. Mary BERGHUIS, et al., Defendants. , E.D.Mich., November 6, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION MARIANNE O. BATTANI, District Judge. Plaintiff, Henry Bethune, an inmate housed at the Earnest C. Brooks Correctional Facility, filed a complaint alleging various employees of the Michigan Department of Corrections violated his Eighth Amendment Rights. The Court subsequently referred this matter to Magistrate Judge R. Steven Whalen for all pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1)(B). The Court adopted an August 14, 2009, Report and Recomm... Tammy CIARAMITARO, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a foreign corporation, and Greektown Casino LLC, a Michigan Limited Liability Company, Defendants. , E.D.Mich., November 6, 2009 Cecil D. St. Pierre, Jr., Cecil D. St. Pierre Jr., PC, Mt. Clemens, MI, for Plaintiff. K. Scott Hamilton, Dickinson Wright, Detroit, MI, Peter W. Peacock, Plunkett & Cooney, Mount Clemens, MI, for Defendants. ORDER GRANTING DEFENDANT UNUM LIFE INSURANCE COMPANY'S MOTION TO DISMISS (# 8) GEORGE CARAM STEEH, District Judge. Defendant Unum Life Insurance Company of America moves to dismiss plaintiff Tammy Ciaramitaro's claims of breach of contract, promissory estoppel, equitable remedie... Ken MOORE, Plaintiff, v. HEXACOMB CORPORATION, Defendant. , W.D.Mich., November 6, 2009 William F. Piper, William F. Piper PLC, Portage, MI, for Plaintiff. William E. Altman, Vercruysse Murray & Calzone PC, Bingham Farms, MI, Rebecca Pratt Bromet, Seyfarth Shaw LLP, Chicago, IL, for Defendant. OPINION GORDON J. QUIST, District Judge. Plaintiff, Ken Moore ("Moore"), filed a one-count complaint against his former employer, Hexacomb Corporation ("Hexacomb"), in Kalamazoo County Circuit Court alleging that Hexacomb violated the Americans with Disabilities Act ("ADA"), 42 U.S.C... Matthew T. OSBORNE, Plaintiff, v. Barbara SAMPSON et al., Defendants. , W.D.Mich., November 6, 2009 Matthew T. Osborne, Carson City, MI, pro se. OPINION ROBERT J. JONKER, District Judge. This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Plaintiff has paid the entire $350.00 civil action filing fee. Under the Prison Litigation Reform Act, PUB. L. NO. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, o... FAITH BAPTIST CHURCH, et al., Plaintiffs, v. WATERFORD TOWNSHIP, et al., Defendants. , E.D.Mich., November 6, 2009 ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION JOHN CORBETT O'MEARA, District Judge. Before the court is Defendant's motion for reconsideration of this court's October 1, 2009 order disqualifying Defendant's counsel. This court previously explained some of its reasoning for disqualifying Defendant's counsel on the record at a hearing on October 1, 2009. In light of Defendant's motion for reconsideration, the court sets forth a more detailed explanation below. BACKGROUND FACTS This cas... UNITED STATES of America, Plaintiff-Respondent, v. Brandon HITCHCOCK, Defendant-Movant. , W.D.Mich., November 5, 2009 OPINION JANET T. NEFF, District Judge. Pending before this Court is Brandon Hitchcock's pro se motion under 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence imposed upon him by this Court on July 28, 2008. For the following reasons, the motion is denied. I. BACKGROUND Brandon Hitchcock was charged on December 20, 2007 with conspiracy to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(vii), 846. He retained defense attorn... Lonnie Ladean KESTNER, Petitioner, v. Blaine C. LAFLER, Respondent. , W.D.Mich., November 5, 2009 MEMORANDUM OPINION JOSEPH G. SCOVILLE, United States Magistrate Judge. This is a habeas corpus proceeding brought by a state prisoner pursuant to 28 U.S.C. § 2254. Petitioner is serving concurrent sentences of 9-to-40 years after his conviction in the Berrien County Circuit Court for operating a methamphetamine lab and manufacture of a controlled substance. His pro se habeas corpus petition and supporting brief raise seventeen grounds for relief. Presently pending before the court are a numbe... Michael PAPPAS, Plaintiff, v. OAKLAND COUNTY, et al., Defendants. , E.D.Mich., November 5, 2009 Daniel D. Ambrose, Daniel D. Ambrose Assoc., Walled Lake, MI, for Plaintiff. Mary M. Mara, Pontiac, MI, William C. Hurley, Riley and Hurley, Dearborn, MI, for Defendants. ORDER ACCEPTING OCTOBER 15, 2009 REPORT AND RECOMMENDATION (# 34) GRANTING IN PART THE OAKLAND COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (# 24), GRANTING IN PART THE HENRY FORD DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (# 25), DISMISSING PLAINTIFF'S FEDERAL CLAIMS WITH PREJUDICE, AND DISMISSING PLAINTIFF'S STATE LAW CLA... Peter G. GRAIN, M.D. and Annette Barnes, M.D., Plaintiffs, v. TRINITY HEALTH, Mercy Health Services, Inc., d/b/a Mercy Hospital-Port Huron, Mary R. Trimmer, Jere Baldwin, M.D., Bernard Velardo, M.D., and Mahmoud Chafte, M.D., Defendants. , E.D.Mich., November 5, 2009 OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF COURT'S OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PATRICK J. DUGGAN, District Judge. This matter is before the Court on Plaintiffs' motion for reconsideration of this Court's October 13, 2009 opinion and order granting Defendants' motion for summary judgment. Relying on Eastern District of Michigan Local Rule 7.1(g) and Federal Rule of Civil Procedure 59(e), Plaintiffs contend that the Court committed... Tracey SHURES and John Shures, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois insurance company, Defendant. , E.D.Mich., November 5, 2009 OPINION & ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OR REHEARING [Doc. No. 23] SEAN F. COX, District Judge. Plaintiffs Tracy and John Shures ("Plaintiffs") bring this cause of action for benefits under the Michigan No-Fault Act against Defendant State Farm Mutual Automobile Insurance Company ("State Farm"). On September 18, 2009, the Court granted the summary for the Defendant in this matter [See Doc. No. 21], and entered an order dismissing this action with prejudice. [See Doc. N... Duane Richard SLICKER, Plaintiff, v. SOUTHWEST AIRLINES, a Texas Company, Defendant. , E.D.Mich., November 5, 2009 ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION NANCY G. EDMUNDS, District Judge. This matter has come before the Court on the Magistrate Judge's Report and Recommendation. Being fully advised in the premises and having reviewed the record and the pleadings, including the Report and Recommendation and any objections thereto, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation. It is further ordered that Defendant's Motion for More Definite Stateme... NEWFREY LLC, a Delaware Corporation and Emhart Teknologies LLC, a Delaware Corporation, Plaintiffs, v. BURNEX CORPORATION, Defendant. , E.D.Mich., November 5, 2009 MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION TO STRIKE THE HILTON DECLARATION AS A RULE 37(d) SANCTION AVERN COHN, District Judge. I. This is a hotly contested patent case. Plaintiffs Newfrey LLC (Newfrey) and Emhart Teknologies LLC (Emhart) (collectively "plaintiffs") complain that defendant Burnex Corp. (Burnex) has infringed three patents for fasteners or clips for which Newfrey is an assignee and Emhart is licensee. The patents in suit are United States Patent Nos. 6,928,705, 7,096,638,... David Paul FLICK, Petitioner, v. Millicent WARREN, Respondent. , E.D.Mich., November 5, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS MARIANNE O. BATTANI, District Judge. Petitioner David Paul Flick has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. [FN1] Petitioner is currently incarcerated at the Thumb Correctional Facility, in Lapeer, Michigan, pursuant to a conviction for second-degree murder. For the reasons set forth below, the Court denies the petition. ... Dennis ATKINS, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., November 5, 2009 OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL THOMAS L. LUDINGTON, District Judge. Petitioner Dennis Atkins, presently confined at the St. Louis Correctional Facility in St. Louis, Michigan, filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a jury in the Wayne County Circuit Court and sentenced to life imprisonment ... Pamela SALVAGGIO, o/b/o DJS, a minor, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., November 5, 2009 OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT [FN1] FN1. The format and style of this Report and Recommendation are intended to comply with the requirements of the E-Government Act of 2002, Pub.L. 107-347, 116 Stat. 2899 (Dec. 17, 2002), the recently amended provisions of Fed.R.Civ.P. 5.2(c)(2)(B), E.D. Mich. Administrative Order 07-AO-030, and guidance promulgated by the Administrative Office of the United States Courts found at: http://jnet.ao.dcn/img/assets/5710/dir7- 108.pdf. This ... Paygie MOORE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., November 5, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DISMISSING CASE AVERN COHN, District Judge. This is a social security case. Plaintiff Paygie Moore appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedi... UNITED STATES of America, Plaintiff, v. Melvyn TOZER, Defendant. , E.D.Mich., November 5, 2009 OPINION AND ORDER ARTHUR J. TARNOW, District Judge. Now before the court is the Government's Response to the Court's finding that the search warrant affidavits did not establish probable cause to believe the items to be seized were located on the premises to be searched [17]. FACTUAL AND PROCEDURAL HISTORY Defendant was charged with tax evasion following the execution of search warrants on his residence and business. According to the Affidavit in Support of Search Warrant, an investigation ... Jonathan STEWART, Plaintiff, v. GEOSTAR CORPORATION, Defendant. , E.D.Mich., November 5, 2009 ORDER DENYING REMAINDER OF PLAINTIFF'S RENEWED MOTION FOR SUMMARY JUDGMENT AND DIRECTING PLAINTIFF TO FILE A PROPOSED JUDGMENT THOMAS L. LUDINGTON, District Judge. On May 9, 2008, Plaintiff Jonathan Stewart ("Plaintiff") filed an amended complaint against Defendant GeoStar Corporation ("Defendant" or "GeoStar"), requesting a declaratory judgment determining that he owns 300,000 shares of stock of Defendant (count I), and an order directing Defendant to produce and allow Plaintiff, as a shareh... Jonathan BELL, Plaintiff, v. PREFIX, INC., Defendant. , E.D.Mich., November 4, 2009 Elmer L. Roller, Hertz Schram, Bloomfield Hills, MI, Gary P. Supanich, Ann Arbor, MI, for Plaintiff. Christopher J. Nelson, Butzel Long, Bloomfield Hills, MI, Linda M. Watson, Clark Hill, Birmingham, MI, Maria Fracassa Dwyer, Clark Hill, Detroit, MI, for Defendant. ORDER LAWRENCE P. ZATKOFF, District Judge. This matter comes before the Court on Plaintiff's motion for reconsideration, filed on November 3, 2009 [dkt 122]. Pursuant to E .D. Mich. L.R. 7.1(g)(2), no response is permitted. In... OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, Plaintiff, v. ESCROW AND TITLE SERVICES, INC., d/b/a Bell Title Company, Defendant. , W.D.Mich., November 4, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. Dismissing Complaint Without Prejudice due to Inadequate Jurisdictional Allegations; Permitting the Plaintiff to Rectify the Defect by a Date Certain; Denying Without Prejudice as Moot the Defendant's Dispositive Motion Under Michigan common law, plaintiff Old Republic National Title Insurance Company ("Old Republic") asserts two breach-of-contract claims and one negligence claim against defendant Escrow & Title Services, Inc., which does busines... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., November 4, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion in limine to exclude parol evidence (Dkt. No. 606). For the reasons that follow, this motion will be denied. Defendant asks this Court to "preclude Whitesell from introducing evidence of prior or contemporaneous statements or representations that vary or contradict the terms of the 2002 SAA." (Dkt. No. 606, 2.) Defendant also asserts that it "anticipa... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., November 4, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on reconsideration of Plaintiff Whitesell Corporation's motion in limine to exclude certain testimony of Defendant Whirlpool Corporation's expert witness, Guy Avellon (Dkt. No. 564). On November 3, 2009, pursuant to a motion for reconsideration filed by Plaintiff, the Court vacated its October 20, 2009, decision denying Plaintiff's motion in limine as moot (Dkt. No. 665). For the reasons that f... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., November 4, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on reconsideration of Defendant Whirlpool Corporation's motion in limine to exclude the opinion testimony of Plaintiff Whitesell Corporation's expert witness, John Grey (Dkt. No. 577). On November 3, 2009, pursuant to a motion for reconsideration filed by Plaintiff, the Court vacated its October 20, 2009, decision denying Defendant's motion in limine as moot (Dkt. No. 665). For the reasons that... MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Plaintiff, v. WOODCARE X, INC. d/b/a Caretel Inns of Linden, and United States Department of Health and Human Services, Defendants. , W.D.Mich., November 4, 2009 MEMORANDUM OPINION JOSEPH G. SCOVILLE, United States Magistrate Judge. This is a federal question action brought by the Michigan Department of Community Health, a department of the State of Michigan, against Woodcare X, Inc., a Michigan corporation, and the United States Department of Health and Human Services (HHS). Plaintiff's complaint invokes this court's federal- question jurisdiction under 28 U.S.C. § 1331, and the Declaratory Judgment Act, 28 U.S.C. § 2201. Before either of the named d... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-plaintiff, v. Whitesell Corporation, Counter-defendant. , W.D.Mich., November 4, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion in limine to exclude testimony of Neil Whitesell regarding "miscoded" parts (Dkt. No. 608). For the reasons that follow, this motion will be granted in part and denied in part. Plaintiff seeks lost profits for fifteen non-497/503 parts on the ground that they were cold-headed and that the "intended scope" of the 2002 SAA extends to all cold-headed par... Robert LANGFORD, Plaintiff, v. Unknown YACOB, Cathy White, Unknown Carol, Doctor, John Crisman, Doctor, Cara Danhoise, Mary Colten, Carmalla Johnston, Unknown Burnheart, Sergeant, Unknown Townsend, Deputy, Unknown Homes, Deputy, Russ Stonehouse, Se, W.D.Mich., November 4, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. On June 8, 2009, plaintiff Robert Langford filed an application for entry of default judgment against seven defendants: "medical staff Cathy White, Dr. Bill Yacob, Dr. Carol, Dr. John Krisman, Cara Danhoise, Marry Colten, Carmalla Johnston." Doc. # 36. On June 9, 2009, the Honorable Joseph G. Scoville, United States Magistrate Judge, issued an order stating as follows, in its entirety: Plaintiff has again moved for a default judgment against ce... E & M PROPERTIES, INC., et al., Plaintiffs, v. CHARTER TOWNSHIP OF BLOOMFIELD, et al., Defendants. , E.D.Mich., November 4, 2009 ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (# 14) GEORGE CARAM STEEH, District Judge. This case arises out of an investigation by defendant Officer Donberger into a potential violation of the Bloomfield Township Malicious Annoyance by Writing ordinance. During the investigation, Officer Donberger investigated Plaintiff Pallisco. Pallisco and Pallisco's employer E & M Properties, Inc. ("E & M Properties") brought suit on March 12, 2009 against defendants Charter Township o... Marcus CLEMMONS, Petitioner, v. Thomas BELL, Respondent. , E.D.Mich., November 4, 2009 ORDER DENYING A CERTIFICATE OF APPEALABILITY AVERN COHN, District Judge. I. This is a habeas case under 28 U.S.C. § 2254. Petitioner Marcus Clemmons, proceeding pro se, is a state inmate at the Bellamy Creek Correctional Facility in Ionia, Michigan. Following a jury trial in Saginaw County circuit court, Petitioner was found guilty of (1) second-degree murder, (2) four counts of assault with intent to commit murder, (3) two counts of felony firearm, (4) one count of felon in possession, and... UNITED STATES of America, Plaintiff/Respondent, v. Wayne Darnell JOYNER, Defendant/Petitioner. , E.D.Mich., November 4, 2009 ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION AVERN COHN, District Judge. I. This is a criminal case. On August 21, 2008, defendant/petitioner Wayne Darnell Joyner (Joyner) was sentenced to a custody term of 168 months on his plea of guilty to violations of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(ii)(II) and 846. On August 7, 2009, Joyner filed a motion to vacate under 28 U.S.C. § 2255. Joyner raised three claims: 1) he is innocent because the Court dismissed the counts he pled guilty ... UNITED STATES of America, Plaintiff, v. Thomas Gustav WESTERLUND, Defendant. , W.D.Mich., November 4, 2009 OPINION ROBERT HOLMES BELL, District Judge. Defendant Thomas Gustav Westerlund has been charged in a four-count indictment with two counts of sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a), (e), one count of possession of images of minors engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2), and one count of possession of child pornography, in violation of 18 U.S .C. § 2252A(a)(5)(B), (b)(2). (Dkt. No. 13, Indictment.) This matter is be... IRON WORKERS LOCAL 25 PENSION FUND, et al., Plaintiffs, v. WATSON WYATT AND COMPANY, Defendant. , E.D.Mich., November 4, 2009 OPINION AND ORDER GRANTING IN PART, DENYING IN PART, DEFENDANT SULLIVAN WARD'S MOTION TO DISMISS(docket no 312),AND DENYING TRUSTEE DEFENDANTS' MOTIONS TO DISMISS(docket no. 313) STEPHEN J. MURPHY, III, District Judge. INTRODUCTION On August 11, 2009, the Court granted Intervening Plaintiffs' ("Plaintiffs") motion for leave to file a second amended complaint (docket no. 309). The following day, Plaintiffs filed their second amended complaint naming as defendants Anthony Asher, Michael J. Ashe... Amy CONWAY, Plaintiff, v. KAZ INC., Defendant. , E.D.Mich., November 4, 2009 ORDER GRANTING DEFENDANT'S MOTION TO COMPEL NON-DESTRUCTIVE AND MINIMALLY DESTRUCTIVE TESTING (DOCKET NO. 21) AND GRANTING DEFENDANT'S MOTION TO COMPEL MEDICAL INFORMATION (DOCKET NO. 27) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on two motions. The first is Defendant's Motion to Compel Non-Destructive and Minimally Destructive Testing and Analysis filed on September 29, 2009. (Docket no. 21). The second is Defendant's Motion to Compel Medical Informa... John M. OKROS, Plaintiff, v. ANGELO IAFRATE CONSTRUCTION COMPANY, Defendant. , E.D.Mich., November 4, 2009 ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARIANNE O. BATTANI, District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment. At a status conference held September 9, 2009, Plaintiff, who appeared pro se, requested additional time in which to file a response to the pending summary judgment motion. Plaintiff's response was due October 9, 2009; however, no response has been filed. The Court has reviewed all of the pleadings and finds oral argument wil... In re Spencer CROSS and Yvonne Cross, Debtors. Spencer Cross and Yvonne Cross, Appellants, v. Wells Fargo Bank, N.A., Appellee. , E.D.Mich., November 3, 2009 Spencer Cross, Yvonne Cross, Detroit, MI, for Appellants. John P. Kapitan, Trott and Trott, Farmington Hills, MI, for Appellee. OPINION AND ORDER AFFIRMING BANKRUPTCY COURT'S OCTOBER 21, 2008 AND MARCH 12, 2009 ORDERS JOHN FEIKENS, District Judge. This matter is on appeal from the United States Bankruptcy Court for the Eastern District of Michigan (the "Bankruptcy Court") pursuant to 28 U.S.C. § 158. Appellants are Spencer and Yvonne Cross (the "Crosses"). Appellee is Wells Fargo Bank, N... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., November 3, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Plaintiff Whitesell Corporation's motion for reconsideration of the Court's October 13, 2009, opinion and order regarding the thirty-nine parts (Dkt. No. 638). For the reasons that follow, this motion will be granted. On January 16, 2009, Defendant filed a motion for summary judgment on Plaintiff's claim for lost profits for thirty-nine parts that were "not identified in Exhibit B (or B-1) t... UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. AA CAPITAL PARTNERS, INC., et al., Defendants. , E.D.Mich., November 3, 2009 OPINION AND ORDER R. STEVEN WHALEN, United States Magistrate Judge. This matter arises out of a case pending in the United States District Court for the Northern District of Illinois, United States Securities and Exchange Commission v. AA Capital Patners, Inc. and John A. Orecchio, No. 06- cv-4859. In that action, the SEC alleges that the Defendant AA Capital Partners, an investment firm, and its former president, John A. Orecchio, defrauded clients by misappropriating over $10 million in cli... Lonnie ENGLISH, Plaintiff, v. Deputy WILLIAMS, and Deputy Orsi, Defendants. , E.D.Mich., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND DISMISSING CASE AVERN COHN, District Judge. I. This is a prisoner civil rights case under 42 U.S.C. § 1983 claiming violations of the Eight Amendment. Plaintiff claims that defendants violated his constitutional rights by using excessive force during a fight plaintiff had with a prison employee. The matter was referred to a magistrate judge for all pre-trial proceedings. Defendant... Charles N. BARNEY, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, INC., Christine Meyer, D.O., Craig Hutchinson, M.D., and Brendan Sherry, P.A., Defendants. [FN1]FN1. The other defendants are dismissed from the case by today's opinion, so they are no, W.D.Mich., November 3, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. Adopting the Report and Recommendation Without Objection: Dismissing all Claims Against the State Defendants With Prejudice; Dismissing all Claims against the Doe Defendants Without Prejudice Pursuant to 28 U.S.C. § 636 and W.D. MICH. LCIVR 72.2(b), this matter was referred to the Honorable Joseph G. Scoville, United States Magistrate Judge, who issued a Report and Recommendation ("R & R") dated September 29, 2009 and filed September 30, 2009.... David ASLANI, Plaintiff, v. SPARROW HEALTH SYSTEMS, Ken Hamkamd, individually and as security officer of Sparrow Health System, Dennis Swan, individually and as administrator in charge of Sparrow Health System, Richard Liebelt, individually and as, W.D.Mich., November 3, 2009 OPINION AND ORDER "Aslani 3" PAUL L. MALONEY, Chief Judge. Denying the Plaintiff's Motions for Reconsideration Adhering to Prior Rulings: Granting the Lansing Defendants' Motion to Dismiss, and Dismissing Counts 1, 7 & 8 (Federal Claims) and Count 5 (IIED) as to Police Defendants as Untimely; Counts 2, 3 and 4 (False Arrest, False Imprisonment, A & B) as to All Defendants as Untimely; Count 6 (Malicious Prosecution) as to All Defendants for Failure to State a Claim; Count 9 (International Law)... Otis NELSON, Petitioner, v. Willie O. SMITH, Respondent. , W.D.Mich., November 3, 2009 MEMORANDUM OPINION ROBERT HOLMES BELL, District Judge. This is a habeas corpus proceeding brought by a state prisoner pursuant to 28 U.S.C. § 2254. The matter is before the court on respondent's motion for summary judgment, asserting that the petition is barred by the one-year statute of limitations. 28 U.S.C. § 2244(d). Upon review of the record, the court finds that the motion is not meritorious, because it is based upon an erroneous assumption concerning the date upon which this habeas cor... Steven Allen McGEE, Appellant, v. Michael Allen BARLOW and Jennifer Ann Gallagher-Barlow, Appellees. , W.D.Mich., November 3, 2009 Opinion and Order PAUL L. MALONEY, District Judge. Granting the Plaintiff's Unopposed Motion to Voluntarily Dismiss his Bankruptcy Appeal On May 7, 2009, Steven Allen McGee, proceeding pro se, initiated this appeal from a judgment of the United States Bankruptcy Court for the Western District of Michigan. See Doc. # 1. By order of the Clerk of Court dated May 7, 2009, appellant McGee was directed to file his brief on appeal within fifteen days after the appeal was docketed, and the appellees w... Leon Warren WEATHERS, Plaintiff, v. OTTAWA COUNTY SHERIFF'S DEPARTMENT et al., Defendants. , W.D.Mich., November 3, 2009 OPINION JANET T. NEFF, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act, PUB. L. NO. 104-134, 110 STAT. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defenda... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., November 3, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Plaintiff Whitesell Corporation's motion for reconsideration of its motion in limine regarding the testimony of John Grey (Dkt. No. 636). For the reasons that follow, this motion will be granted. On July 14, 2008, Plaintiff provided Defendant with its answers to Defendant's fourth set of interrogatories. (Dkt. No. 657, Ex. 1.) Interrogatory numbers 4 and 5 asked Plaintiff to identify by part... Cortez SHISLER, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., November 3, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS NANCY G. EDMUNDS, District Judge. I. Introduction Petitioner Cortez Shisler, a state inmate currently incarcerated at the St. Louis Correctional Facility in St. Louis, Michigan, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S .C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. Petitioner was convicted of first-degree felony murder, Mich. Comp. Laws § 750.316B, and felony fire... Salah DADO, Petitioner, v. Shelley YAMBRICK, Respondent. , E.D.Mich., November 3, 2009 OPINION AND ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS, AND DENYING A CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL GEORGE CARAM STEEH, District Judge. INTRODUCTION Salah Dado ("Petitioner"), a Michigan prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state court criminal conviction. Petitioner was convicted of possession with intent to deliver five to forty-five kilograms of marijuana, Mich. Comp. L... Laquan N. JAMES, Petitioner, v. Kenneth McKEE, Respondent. , E.D.Mich., November 3, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS GEORGE CARAM STEEH, District Judge. Laquan N. James, ("Petitioner"), presently confined at the Chippewa Correctional Facility in Kincheloe, Michigan, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se application, petitioner challenges his conviction for assault with intent to rob while armed, M.C.L.A. 750.89. For the reasons stated below, the petition for writ of habeas corpus is DENIED. I.... Steven Michael CARTER, Petitioner, v. Thomas BELL, Respondent. , E.D.Mich., November 3, 2009 OPINION AND ORDER DENYING THE HABEAS CORPUS PETITION, GRANTING IN PART A CERTIFICATE OF APPEALABILITY, AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL ANNA DIGGS TAYLOR, District Judge. Petitioner Steven Michael Carter has filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254. The petition challenges Petitioner's Wayne County conviction for criminal sexual conduct in the fourth degree. Petitioner alleges that (1) evidence of other criminal sexual conduct was improperly ... Suetta SMITH, as Personal Representative of the Estate of Brenda Sue Smith, Deceased, Plaintiff, v. COUNTY OF LENAWEE, Sheriff Lawrence Richardson, Jr., Sergeant Paul Dye, Sergeant J. Craig, Officer Wendy Vanderpool, Bernice Baker, Officer Adam Ond, E.D.Mich., November 3, 2009 ORDER DENYING MOTION BY DEFENDANT THOMAS MOORE TO STAY PROCEEDINGS DAVID M. LAWSON, District Judge. Before the Court is a motion by defendant Thomas Moore for a stay of proceedings pending an interlocutory appeal. The plaintiff, personal representative Suetta Smith, filed the present action in this Court alleging that the defendants are responsible for the death of her decedent, Brenda Sue Smith, when Brenda Sue was an inmate in the Lenawee County jail. The defendants are Lenawee County, its ... Eddie Allen JACKSON, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., November 3, 2009 OPINION AND ORDER DENYING HABEAS CORPUS PETITION, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, BUT GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL NANCY G. EDMUNDS, District Judge. Petitioner Eddie Allen Jackson has filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254. The petition challenges Petitioner's convictions for assault with intent to do great bodily harm less than murder and three weapon offenses. Petitioner alleges that (1) he was denied his right to an im... UNITED STATES of America, Plaintiff, v. Patrick Alan STARK, Defendant. , E.D.Mich., November 2, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO SUPPRESS STATEMENTS AND EVIDENCE(docket no. 11) STEPHEN J. MURPHY, III, District Judge. INTRODUCTION Defendant Patrick Stark was indicted on July 31, 2009 for possession of child pornography in violation of 18 U.S.C. § 2252A(a) (5). Stark was questioned in his driveway by law enforcement on July 31, 2008. He made some incriminating statements which formed the basis of a search warrant that lead police to Stark's perso... Tcho Mbaimba CAULKER, Plaintiff, v. MICHIGAN STATE UNIVERSITY, Dr. Scott Juengel, and Dr. Ellen Pollak, Defendants. , W.D.Mich., November 2, 2009 Marlo D. Smith, M.D. Smith Law Office PLLC, Kalamazoo, MI, for Plaintiff. Michael J. Kiley, Michigan State University (General Counsel), E. Lansing, MI, for Defendants. OPINION GORDON J. QUIST, District Judge. Introduction Plaintiff, Tcho Mbaimba Caulker, received his Ph.D. from Michigan State University ("MSU"). He has now sued the University and two of his former professors, defendant Scott Juengel and defendant Ellen Pollak. Plaintiff seeks to allege federal claims under Title VI of th... Terrence GARRETT, Plaintiff, v. State Trooper ADAMS, et.al., Defendants. , E.D.Mich., November 2, 2009 ORDER DENYING PLAINTIFF'S APPLICATIONS FOR APPOINTMENT OF COUNSEL, GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT AND DENYING MOTION TO CONFISCATE EVIDENCE DONALD A. SCHEER, United States Magistrate Judge. This cause comes before the Court on Plaintiff's Successive Motions For Appointment of Counsel (Docket # 3 & # 11), to Amend his Complaint (Docket # 7, # 12 & # 15), and to have Evidence Confiscated from Defendants and Preserved by the Court (Docket # 6 & # 13). These motions were filed bet... AA AUTOLAND CORP. d/b/a AA Autoland, Alex Awaad, and Nadia Awaad, Plaintiffs, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant. , E.D.Mich., November 2, 2009 OPINION & ORDER LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter comes before the Court on Defendant's emergency motion to dismiss and/or enforce settlement agreement and for sanctions [dkt 22] and Plaintiffs' counsel's motion to withdraw as Plaintiffs' counsel [dkt 24]. The Court finds that the facts and legal arguments are adequately presented in parties' papers such that the decision process would not be significantly aided by oral argument. Therefore, pursuant to E.D. Mich.... Rachelle YORCH, Plaintiff, v. ENCOMPASS INSURANCE CO., Defendant. , E.D.Mich., November 2, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter comes before the Court on Defendant's motion for partial summary judgment, which Plaintiff has not responded to and the time period to do so has lapsed [dkt 24]. The Court finds that the facts and legal arguments are adequately presented in Defendant's papers such that the decision process would not be significantly aided by oral argument. Therefore, pursuant to E.D. ... Diana PAUL, Plaintiff, v. LOWE'S HOME CENTERS, INC., Defendant. , E.D.Mich., November 2, 2009 ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL (Dkt.22) MICHAEL HLUCHANIUK, United States Magistrate Judge. Plaintiff's motion to compel was filed on August 11, 2009. (Dkt.22). At the time of the filing of the motion plaintiff sought compliance with the prior requests for the production of documents which had been previously ordered to be produced subject to a protective order that defendant had requested. Plaintiff's motion outlined the several requests that had been made of defendant for thes... Marcus LOFTON, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Mich., November 2, 2009 OPINION GORDON J. QUIST, District Judge. This Court has before it Marcus Lofton's ("Petitioner") Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (docket no. 5). [FN1] For the following reasons, Petitioner's motion will be denied. FN1. Petitioner's original § 2255 motion (docket no. 1), filed January 22, 2009, was amended on August 26, 2009. It is the motion as amended (docket no. 5) that is hereby considered. See United States v.... Joshua DEATRICK, Petitioner, v. Jeri-Ann SHERRY, Respondent. , W.D.Mich., November 2, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION GORDON J. QUIST, District Judge. The Court has before it Petitioner's Objections to the Report and Recommendation dated June 2, 2009. In his Report, the Magistrate Judge recommended that Petitioner's habeas petition be denied. Petitioner filed a timely objection. After conducting a de novo review, the Court concludes that the Report and Recommendation should be adopted and the petition dismissed. In his objection, Petitioner argues that Michigan's i... Jonathan BELL, Plaintiff, v. PREFIX, INC., Defendant. , E.D.Mich., November 2, 2009 ORDER LAWRENCE P. ZATKOFF, District Judge. At the October 15, 2009, final pre-trial conference, the parties indicated their disagreement whether the unemployment benefits that Plaintiff has received since his termination were to be set-off against a potential damages award. The Court ordered the parties to brief the issue [dkt 104], and the parties have done so [dkts 109 & 110]. For the following reasons, the Court finds that Plaintiff's awarded damages, if any, are not to be offset by Plaint... Jonathan BELL, Plaintiff, v. PREFIX, INC., Defendant. , E.D.Mich., November 2, 2009 OPINION AND ORDER LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter is before the Court on (1) Plaintiff's Motion in Limine [dkt 62]; (2) Defendant's Motion in Limine to Exclude All Evidence Regarding Plaintiff's 2003 Performance Evaluation [dkt 63]; (3) Defendant's Motion in Limine to Limit Plaintiff's Damages [dkt 64]; (4) Defendant's Motion in Limine to Exclude the Affidavit of Jimmy Turner [dkt 71]; and (5) Defendant's Motion for Protective Order [dkt 66]. The parties have f... Jonathan BELL, Plaintiff, v. PREFIX, INC., Defendant. , E.D.Mich., November 2, 2009 OPINION AND ORDER LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter is before the Court on (1) Plaintiff's Motion in Limine to Strike Defendant's Affirmative Defenses [dkt 102] and (2) Defendant's Motion in Limine [dkt 103]. [FN1] The parties have fully briefed the motions. The Court finds that the facts and legal arguments are adequately presented in the parties' papers such that the decision process would not be significantly aided by oral argument. Therefore, pursuant to E.D.... Percy CURRY, Rick Banks, III, and Marie Hillard, Plaintiffs, v. SBC COMMUNICATIONS, INC., a.k.a. AT & T, Inc., Defendant. , E.D.Mich., October 30, 2009 Ann L. Miller, E. Powell Miller, Andrew R. Dranchak, The Miller Law Firm, Rochester, MI, Blaine H. Bortnick, Liddle & Robinson, New York, NY, for Plaintiffs. Kathryn S. Wood, Lawrence G. Campbell, Sherry D. O'Neal, Tiffany A. Buckley-Norwood, Timothy H. Howlett, Trent B. Collier, Dickinson Wright, Detroit, MI, Theodore E. Meckler, Theodore E. Meckler Assoc., Cleveland, OH, for Defendants. OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DAVID M.... Mark WODJA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 30, 2009 Mikel E. Lupisella, Davidson, Breen, Saginaw, MI, for Plaintiff. Theresa M. AUSA Urbanic, U.S. Attorney's Office, Detroit, MI, for Defendant. ORDER ACCEPTING REPORT AND RECOMMENDATION DENISE PAGE HOOD, District Judge. I. INTRODUCTION This matter is before the Court on Magistrate Judge Virginia M. Morgan's Report and Recommendation dated July 15, 2009. On February 12, 2009, Plaintiff filed a Motion for Summary Judgment. The Defendant filed its Motion for Summary Judgment on March 12, 2009... CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREA PENSION FUND, and Howard McDougall, Plaintiffs, v. SMELTZER ENTERPRISES, INC., doing business as White Tower Industrial Laundry and Cleaners, Defendant, v. Comerica Bank and Chrysler LLC, Garnishees. , E.D.Mich., October 30, 2009 ORDER GRANTING THE PLAINTIFFS' MOTION TO CONSOLIDATE CASES AND REFERRING THE CONSOLIDATED CASES TO MAGISTRATE JUDGE FOR GENERAL CASE MANAGEMENT DAVID M. LAWSON, District Judge. The matter is before the Court on the plaintiffs' motion to consolidate this case with another case pending in this district, initially assigned to Judge Arthur J. Tarnow, see Cent. States S.E. & S.W. Areas Pension Fund v. Smeltzer Enterprises, Inc., No. 08-50852, for the purpose of adjudicating the defendant's motion ... Denver BRADLEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 30, 2009 ORDER ACCEPTING REPORT AND RECOMMENDATION DENISE PAGE HOOD, District Judge. This matter is before the Court on Magistrate Judge Mark A. Randon's Report and Recommendation, dated August 18, 2009. Neither Defendant nor Plaintiff filed any objections to the Magistrate Judge's Report and Recommendation. Judicial review of the Commissioner's decision is limited in scope to determining whether the findings of fact made by the Commissioner are supported by substantial evidence, and deciding wheth... Robert Jarmel ANDERSON, Petitioner, v. Mary K. BERGHUIS, Respondent. , E.D.Mich., October 30, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S HABEAS CORPUS ACTION GERALD E. ROSEN, Chief Judge. This matter having come before the Court on the September 28, 2009 Report and Recommendation of United States Magistrate Judge Paul J. Komives recommending that the Court deny Plaintiff's petition for a writ of habeas corpus and that this case, accordingly, be dismissed; and Petitioner having timely filed Objections; and the Court having reviewed the Magist... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., October 30, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion for reconsideration of the Court's opinion and order dated October 13, 2009, or, in the alternative, to amend the Court's order dated October 13, 2009, to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). (Dkt. No. 650.) For the reasons that follow, this motion will be denied. "Generally ... motions for reconsideration which merely prese... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., October 30, 2009 MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion in limine to exclude certain evidence regarding Plaintiff Whitesell Corporation's obsolescence and phase-out claims (Dkt. No. 605). For the reasons that follow, this motion will be denied. In this motion, Defendant asks the Court to preclude Plaintiff from "introducing any evidence of its obsolescence or phase-out claims beyond the evidence that [Pla... Katherine ROBY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 30, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GERALD E. ROSEN, Chief Judge. On August 11, 2009, Magistrate Judge Donald A. Scheer issued a Report and Recommendation ("R & R") recommending that the Court grant the Defendant Commissioner of Social Security's motion for summary judgment and deny Plaintiff Katherine Roby's motion for summary judgment. Plaintiff has not filed any objections to the R & R. Upon reviewing the R & R, the parties' underlying motions, and the record as a w... IRON WORKERS' LOCAL NO. 25 PENSION AND BENEFIT FUNDS, Plaintiffs, v. STEEL ENTERPRISES, INC.; Structural Steel Consultants, Inc.; Dan McGuire d/b/a/ Structural Steel Consulting, Inc.; and John McGuire and Dan McGuire, individually, Defendants. , E.D.Mich., October 30, 2009 David J. Selwocki, Sullivan, Ward, Southfield, MI, for Plaintiffs. David A. Monroe, Howell, MI, for Defendants. OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON COUNTS I, II, AND IV OF PLAINTIFFS' FIRST AMENDED COMPLAINT GERALD E. ROSEN, Chief Judge. I. INTRODUCTION This ERISA contribution action is presently before the Court on a Motion for Summary Judgment filed by Iron Workers' Local No.25 Pension and Benefit Funds. Defendants have responded to Plaintiffs' motion a... Allyson SNELL, Plaintiff, v. EMC MORTGAGE CORP., and Orlans Law Firm, Defendants. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DISMISSING CLAIMS PURSUANT TO 28 U.S.C. § 1915(e)(2)(B)(ii) JOHN FEIKENS, District Judge. Plaintiff Allyson Snell filed a pro se complaint on October 8, 2009, along with an application to proceed in forma pauperis. The court finds Plaintiff's application to proceed in forma pauperis to be facially sufficient, and therefore, grants Plaintiff's application to proceed without prepayment of fees. See28 U.S.C. § 1... Stefanie JACKSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 30, 2009 ORDER ACCEPTING REPORT AND RECOMMENDATION DENISE PAGE HOOD, District Judge. This matter is before the Court on Magistrate Judge Virginia M. Morgan's Report and Recommendation dated September 24, 2009. On October 7, 2009, Plaintiff, proceeding pro se, filed an Objection to the Magistrate Judge's Report and Recommendation Regarding the Denial of Plaintiff's Motion for Summary Judgment and Affirm Plaintiff's Motion Remanding for Award and Payment. The Magistrate Judge recommended that the Cou... George COLEMAN, Plaintiff, v. Vicky WEISINGER, et al., Defendants. , W.D.Mich., October 30, 2009 ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation (docket # 39) is hereby adopted and approved as the opinion of the Court. THEREFORE, IT IS ORDERED that: Defendants' motion for summary judgment (docket #... Ray Darwin MAGUIRE, Petitioner, v. Jeri-Ann SHERRY, Respondent. , W.D.Mich., October 30, 2009 Ray Darwin Maguire, Kincheloe, MI, pro se. Brian O. Neill, MI Dept. Attorney General, Lansing, MI, for Respondent. ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the ... Carl Richard NANTELLE, Petitioner, v. Jeri Ann SHERRY, Respondent. , W.D.Mich., October 30, 2009 ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that petitioner's habeas corpus petition is hereby DENIED. IT IS FURTHER ORDERED that... Isaiah WIMBLEY, Petitioner, v. Jeri-Ann SHERRY, Respondent. , W.D.Mich., October 30, 2009 ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. NOW THEREFORE, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that: Petitioner's petition for writ of habeas corpus is hereby DENIED. IT IS FU... Billy Joe PAIGE, Petitioner, v. Gary CAPELLO, Respondent. , W.D.Mich., October 30, 2009 ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that petitioner's habeas corpus petition is hereby DISMISSED. IT IS FURTHER ORDERED t... Walter Lee JONES-BEY, Plaintiff, v. Patricia CARUSO, Director of the Michigan Department of Corrections, in her personal capacity and in her official capacity, Defendant. , W.D.Mich., October 30, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. Striking the Plaintiff's "Objections" as Improper; Adopting the Report and Recommendation without Objection; Granting in Part and Denying in Part the Plaintiff's Motion to Strike; Denying the Plaintiff's Fed. R. Civ. P. 56(f) Request to Defer Ruling on Summary Judgment; Granting the Defendant's Motion for Summary Judgment In July 2005, plaintiff Walter Lee Jones ("Jones") initiated legal action against defendant Patricia Caruso ("Caruso") both i... Jerrard DATES, Petitioner, v. Patricia BARNHART, Respondent. , E.D.Mich., October 30, 2009 OPINION AND ORDER SUMMARILY DENYING THE PETITION FOR WRIT OF HABEAS CORPUS STEPHEN J. MURPHY, III, District Judge. Jerrard Dates, ("petitioner"), confined at the Thumb Correctional Facility in Lapeer, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, filed pro se, Mr. Dates challenges his sentence for two counts of armed robbery, M.C.L.A. 750.529, and one count of felony-firearm, M.C.L.A. 750.227b. For the reasons stated below, the appli... Diruby T. FOSTER, Petitioner, v. C. ZYCH, Respondent. , E.D.Mich., October 30, 2009 OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS BROUGHT PURSUANT TO 28 U.S.C. § 2241 AND REASSIGNING CASE TO JUDGE DENISE PAGE HOOD FOR CONSIDERATION AS A MOTION TO VACATE SENTENCE BROUGHT PURSUANT TO 28 U.S.C. § 2255 AND DIRECTING THE CLERK OF THE COURT TO RE-FILE THE PLEADINGS IN THIS CASE UNDER CASE DOCKET # 2:02-CR-80616 PAUL D. BORMAN, District Judge. Diruby T. Foster, ("petitioner"), presently confined at the Federal Transfer Center in Oklahoma City, Oklahoma, seeks the... Mourice NEAL, Plaintiff, v. Karen Fort HOOD, et. al., Defendants. , E.D.Mich., October 30, 2009 OPINION AND ORDER OF SUMMARY DISMISSAL STEPHEN J. MURPHY, III, District Judge. Before the Court is Plaintiff Mourice Neal's pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff is a state prisoner currently confined at the St. Louis Correctional Facility in St. Louis, Michigan. For the reasons stated below, the complaint is DISMISSED WITHOUT PREJUDICE. STANDARD OF REVIEW Mr. Neal has been allowed to proceed without prepayment of fees. See 28 § U.S.C.1915(a); McGore ... UNIVERSAL HEALTH GROUP, Plaintiff(s), v. ALLSTATE INSURANCE COMPANY, Defendant(s). , E.D.Mich., October 30, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CLAIMS OF EXEMPLARY AND PUNITIVE DAMAGES VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Allstate's Motion to Dismiss Plaintiff's Claims of Exemplary and Punitive Damages for Failure to Comply with MCLA § 600.2911(2)(b). (Doc. # 9). Allstate says Plaintiff did not give Allstate a reasonable time to publish a retraction before it filed a Complaint that seeks exemplary damages for its defamation cla... Debra STARLING, Plaintiff, v. Lucy M. STARLING, Defendant. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S REQUEST FOR COSTS AND ATTORNEY FEES PAUL D. BORMAN, District Judge. I. INTRODUCTION This is a breach of contract case involving the Employee Retirement Income Security Act ("ERISA"). Plaintiff Debra Starling ("Debra") is suing Defendants BOS Benefits Center-BUDD ("BOS") and Lucy M. Starling ("Lucy") to recover the survivor benefits of her deceased husband, Oscar Starling ("Oscar"). Debra claims that BOS ... Fred KASTEN, Denise McKeown, Dean Roberson, Thomas Sep, Charles Williams, Keith Crutchfield, and Vincent Sutherland, Plaintiffs, v. FORD MOTOR COMPANY, a corporation, Defendant. , E.D.Mich., October 30, 2009 ORDER DENYING FORD'S MOTION TO DISMISS AND GRANTING PLAINTIFFS LEAVE TO AMEND COMPLAINT VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION Plaintiffs are seven former salaried employees of Defendant Ford Motor Co., who claim they were laid off in violation of various state and federal anti-discrimination laws. Ford moves to dismiss (Dkt.# 5), relying on the new pleading standard of Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). Plaintiffs cont... Jason BREITMEYER, Tracey Breitmeyer, Plaintiffs, v. CITIMORTGAGE, INC., Defendants. , E.D.Mich., October 30, 2009 ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION (docket entry 10) AND DISMISSING COMPLAINT STEPHEN J. MURPHY, III, District Judge. This is an action involving a residential loan. Plaintiffs Jason and Tracey Breitmeyer filed a thirteen-count complaint against defendant, CitiMortgage, Inc., asserting violation of the Home Ownership and Equity Protection Act (HOEPA), 15 U.S.C. §§ 1639(b) (3) & (h) and the Truth In Lending Act (TILA), 15 U.S.C. § 1601 et seq., as well as various state law ... Dwight CONGRESS, Plaintiff, v. Floyd TILLMAN and MK Express, Inc., Defendant. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO PROVIDE PROPER ANSWERS TO FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF AND REQUEST TO PRODUCE DOCUMENTS TO PLAINTIFF (DOCKET NO. 19) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on Defendants' Motion To Compel Plaintiff To Provide Proper Answers To First Set Of Interrogatories Directed To Plaintiff And Request To Produce Documents To Plaintiff filed on ... The ESTATE OF Richard Donald PFISTER, Jr., Plaintiff, v. COUNTY OF MACOMB, Mark Hackel, Correctional Medical Services, Beverly Puchoven, James Harris, Christopher Costanza, David White, Maria Balsama, Scott Jones, Sgt. Patrick Johnson, Nurse Angela, E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON BEHALF OF DEFENDANTS MACOMB COUNTY, SHERIFF MARK HACKEL, BEVERLY PUCHOVEN, JAMES HARRIS, CHRISTOPHER COSTANZA, DAVID WHITE, MARIA BALSAMA, SCOTT JONES, AND SGT. PATRICK JOHNSON PATRICK J. DUGGAN, District Judge. This is a wrongful death action arising out of the death of Richard Donald Pfister, Jr. ("Mr.Pfister") during his incarceration at the Macomb County Jail. Mr. Pfister's estate has brought a claim pursuant to 42 U.S.C. § 1983 al... Terry SMITH, Plaintiff, v. GRATTAN FAMILY ENTERPRISES, LLC, d/b/a Uni-Bond Brake, LLC, Defendant. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING DEFENDANT GRATTAN FAMILY ENTERPRISES, LLC d/b/a UNI- BOND BRAKE, LLC'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 PAUL D. BORMAN, District Judge. Now before the Court is defendant Grattan Family Enterprises, LLC's ("Defendant's") July 15, 2009 Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 (Dkt. No. 24.) A hearing on this matter was held on October 16, 2009. For the following reasons, the Court GRANTS Def... GENERAL MOTORS CORPORATION and Saturn Corporation, Plaintiffs, v. UNITED STATES of America, Defendant. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Plaintiffs' Motion to Compel Production of Documents Withheld by Defendant Under Claims of Deliberative Process Privilege [Doc. 49]. The parties fully briefed the matter and the Court held a hearing on October 8, 2009. Natalie Keller appeared on behalf of GM and Saturn Corporations. Jason Bergman appeared on behalf of the U... Edward BOWEN, Petitioner, v. Kurt JONES, Respondent. , E.D.Mich., October 30, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS VICTORIA A. ROBERTS, District Judge. Petitioner Edward Bowen seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is incarcerated at the West Shoreline Correctional Facility in Muskegon Heights, Michigan. He challenges the revocation of his probation on November 21, 1996. For the reasons stated below, the Court denies the petition. I. Petitioner was charged in Genesee County Circuit Court with ass... UNITED STATES of America, Plaintiff, v. Robert James OCAMPO, Defendant. , E.D.Mich., October 30, 2009 ORDER GRANTING MOTION FOR RETURN OF PROPERTY, DENYING MOTION FOR DEFERMENT OF PAYMENT OF FINES, AND DENYING MOTION FOR SUMMARY JUDGMENT THOMAS L. LUDINGTON, District Judge. Defendant Robert James Ocampo was convicted after a jury trial of seven narcotics and firearms counts on November 20, 2007. On July 7, 2008 he was sentenced to more than thirty years in prison. [Dkt. # 223]. Two days later, he filed a notice of appeal to the Sixth Circuit, which is still pending. See Case No. 08-1930; [Dkt... Michael MARTIN, Plaintiff, v. HURON VALLEY AMBULANCE, Defendant. , E.D.Mich., October 30, 2009 ORDER JULIAN ABELE COOK, JR., District Judge. In this case, the Plaintiff, Michael Martin, has accused his former employer and now the Defendant, Huron Valley Ambulance, of violating his civil rights, all of which are protected by the Age Discrimination in Employment Act, 29 U.S.C. § 626(f). On April 7, 2009, the Defendant filed a motion for the entry of a summary judgment pursuant to Fed.R.Civ.P. 56(c) [FN1] as well for an award of costs and attorney's fees. Noting that (1) Martin did not... Clinton Wayne REESE, Petitioner, v. Millicent WARREN, Respondent. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS, DISMISSING THE HABEAS CORPUS PETITION WITH PREJUDICE, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, BUT GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS DENISE PAGE HOOD, District Judge. Pending before the Court are petitioner Clinton Reese's habeas corpus petition and respondent Millicent Warren's motion to dismiss the petition. The Court agrees with Respondent that the habeas petition is time-barred. Accordingly, Respondent's motion ... Eric GALLOWAY, Plaintiff, v. Nick LUDWICK, Defendant. , E.D.Mich., October 30, 2009 ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION (docket no. 14) AND DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS STEPHEN J. MURPHY, III, District Judge. The Petition for Writ of Habeas Corpus was filed on December 10, 2007 by a Michigan prisoner, Eric Galloway, pursuant to under 28 U.S .C. § 2254. Before the Court is a Report and Recommendation of Magistrate Judge Donald A. Scheer, filed on March 31, 2009. The magistrate judge's report and recommendation recommended that the petit... Arnulfo FLORES, Jr., personal representative of the estate of Yolanda Flores, Plaintiff, v. Ryan TOADVINE, David Borton, Paul Dye, Leo Swinehart, James Whiteman, and Adam Ondrovick, Defendants. , E.D.Mich., October 30, 2009 ORDER ADJUDICATING MOTIONS RELATING TO SETTLEMENT FUND DISTRIBUTION DAVID M. LAWSON, District Judge. Before the Court are several motions dealing with claims by competing parties to a $245,000 fund generated by the settlement of this personal injury action involving the plaintiff's decedent, Yolanda Flores. On August 11, 2009, the Court approved the settlement but did not approve the parties' proposal to distribute the settlement funds. The Court rejected a request from the later- appearing a... AUTOMOTIVE TECHNOLOGIES INTERNATIONAL, INC., Plaintiff, v. SIEMENS VDO AUTOMOTIVE CORP., et al., Defendants. , E.D.Mich., October 30, 2009 OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY [DKT. # 113], GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY [DKT. 115], AND DENYING AS MOOT DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [DKT. 108, 109, 110, 111, 112, 116, 119, 120] ROBERT H. CLELAND, District Judge. Pending before the court are ten motions for summary judgment filed by the Defendants in this case. The parties have briefed the matter, and the court concludes a hearing on the motion ... UNITED STATES of America, Plaintiff, v. Justin Thomas SKIPPER, Defendant. , W.D.Mich., October 30, 2009 Maartin Vermaat, for Plaintiff. Paul A. Peterson, Federal Public Defender, Marquette, MI, for Defendant. OPINION ROBERT HOLMES BELL, District Judge. This matter comes before the Court on the government's motions in limine regarding statements made by the victim. (Dkt.Nos.32, 38.) Through these motions the government seeks a ruling on the admissibility of statements made by the victim to friends, a co-worker, a doctor and a nurse. The Court will first address the government's motion re... Forster MOORE, Petitioner, v. Director of the Bureau of IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Respondents. , E.D.Mich., October 30, 2009 Forster Moore, Hamtramck, MI, pro se. Derri T. Thomas, U.S. Attorney's Office, Detroit, MI,for Respondents. ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS JOHN CORBETT O'MEARA, District Judge. Before the court is Petitioner Forster Moore's petition for writ of habeas corpus, filed August 10, 2009, in the United States District Court for the Western District of Michigan. The petition was transferred to this court on August 14, 2009. The government submitted a response on October 7, 2... Earland J. COLLINS, Plaintiff, v. Carl L. COLLINS III, Defendant. , E.D.Mich., October 30, 2009 Earland Collins, Manistee, MI, pro se. OPINION AND ORDER DENYING LEAVE TO PROCEED WITHOUT PREPAYMENT OF THE FILING FEE, DISMISSING COMPLAINT, AND DENYING MOTION FOR U.S. MARSHAL TO SERVE COMPLAINT PAUL D. BORMAN, District Judge. This matter is before the Court on Plaintiff's pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983, as well as his motion for the U.S. Marshal to serve the complaint upon the defendant. Plaintiff seeks leave to proceed without prepayment of the filing f... SAGINAW PROPERTY, LLC, Plaintiff, v. VALUE CITY DEPARTMENT STORES, LLC and Retail Ventures, Inc., Defendants. , E.D.Mich., October 30, 2009 ORDER GRANTING DEFENDANT RETAIL VENTURES MOTION FOR SUMMARY JUDGMENT. DENYING PLAINTIFF SAGINAW PROPERTY'S MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY. AND DISMISSING PLAINTIFF'S CLAIMS AGAINST RETAIL VENTURES WITH PREJUDICE THOMAS L. LUDINGTON, District Judge. Plaintiff Saginaw Property, LLC ("Saginaw Property") filed a complaint seeking to recoup rental payments from Defendants Value City Department Stores, LLC ("Value City LLC") and Retail Ventures, Inc. ("Retail Ventures") on September 3,... Kathleen DOLAN, Plaintiff, v. CITY OF ANN ARBOR and Fifteenth District Court, Defendants. , E.D.Mich., October 30, 2009 James W. Fraser, Faupel & Associates, Ann Arbor, MI, for Plaintiff. Brett J. Miller, Kitch, Karen B. Berkery, Kitch, Drutchas, Detroit, MI, Stephen K. Postema, Ann Arbor City Attorney's Office, Ann Arbor, MI, for Defendants. OPINION AND ORDER REGARDING DEFENDANTS' MOTIONS FOR JUDGMENT ON THE PLEADINGS AND FOR SUMMARY JUDGMENT GERALD E. ROSEN, Chief Judge. I. INTRODUCTION Plaintiff Kathleen Dolan commenced this case in this Court on September 30, 2008, alleging that her former employer, t... WARRIOR SPORTS, INC., A MICHIGAN CORPORATION, Plaintiff, v. DICKINSON WRIGHT, P.L.L.C., a Michigan Professional Limited Liability Company; John A. Artz, P.C., d/b/a Artz & Artz, P.C., a Michigan Professional Corporation; John A. Artz and John S. Ar, E.D.Mich., October 30, 2009 Andrew Kochanowski, David M. Black, Sommers, Schwartz, Southfield, MI, for Plaintiff. John E. McSorley, Garan Lucow, Detroit, MI, Theresa M. Asoklis, Collins, Einhorn, Southfield, MI, for Defendants. ORDER DENYING DEFENDANT DICKINSON WRIGHT'S MOTION FOR RECONSIDERATION GERALD E. ROSEN, Chief Judge. This legal malpractice action is presently before the Court on Defendant Dickinson Wright, P.L.L.C.'s ("Dickinson Wright") Motion for Reconsideration of the Court's July 10, 2009 Opinion and O... Darnell MISSOURI, Petitioner, v. Thomas BIRKETT, Respondent. , E.D.Mich., October 29, 2009 OPINION AND ORDER DENYING "PETITION FOR WRIT OF HABEAS CORPUS" AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY ROBERT H. CLELAND, District Judge. Petitioner Darnell Missouri, a state inmate currently incarcerated at the Carson City Correctional Facility [FN1] in Carson City, Michigan, filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se pleadings, Petitioner challenges his convictions and sentences for (1) assault with intent to murder, Mic... Marty SIMS, Plaintiff, v. Randall REWERTS, Joseph Barrett, and David Barlow, Defendants. , E.D.Mich., October 29, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT AVERN COHN, District Judge. I. Introduction This is a prisoner civil rights case under 42 U.S.C § 1983. Plaintiff alleges that defendants retaliated against him for exercising his rights under the United States Constitution. The matter was referred to a magistrate judge for all pretrial proceedings and before whom defendants filed a Second Motion for Summary Judgment. [FN1] The magistrate jud... Daniel HORACEK, Plaintiff, v. Derrick WILSON, Lieutenant Atkins, Captain Wallace, Sister Peggy Devaney, Oakland County Jail Administrator, Oakland County Jail Classification Department, Mary, and John Does, Defendants. , E.D.Mich., October 29, 2009 ORDER REQUIRING PLAINTIFF TO FILE SUPPLEMENTAL PAPER WITHIN FIFTEEN (15) DAYS OR FACE POTENTIAL DISMISSAL OF THE CASE AVERN COHN, District Judge. This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff is proceeding pro se and in forma pauperis (IFP). Plaintiff raised a host of claims regarding his incarceration at the Oakland County Jail (OCJ) from June 24, 2005 through July 6, 2006 as a pre-trial detainee. [FN1] The case has been referred to a magistrate judge for pre-trial p... Timothy McGUIRE and James Lee Joseph Ryan, Plaintiffs, v. Royal Oak Police Sgt. Douglas WARNER, et al., Defendants. , E.D.Mich., October 29, 2009 OPINION & ORDER DENYING DEFENDANTS' RENEWED MOTION TO DISQUALIFY JUDGE SEAN F. COX, District Judge. This matter is currently before the Court on Defendants' Renewed Motion to Disqualify Judge (Docket Entry No. 213). The Court finds that oral argument would not significantly aid the decisional process. See Local Rule 7.1(e)(2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the motion be decided without oral argument. For the reasons below, the Court shall D... SUN PHARMACEUTICALS INDUSTRIES LTD., Plaintiff, v. ELI LILLY AND COMPANY, Defendant. , E.D.Mich., October 29, 2009 Moheeb H. Murray, Richard W. Paige, Bush, Seyferth & Paige, PLLC, Troy, MI, Peter E. Perkowski, Winston and Strawn, Los Angeles, CA, for Plaintiff. Charles E. Lipsey, Finnegan, Henderson, Reston, VA, Jeffrey G. Muth, Barnes & Thornburg, Grand Rapids, MI, Robert D. Bajefsky, Robert F. Shaffer, Finnegan, Henderson, Washington, DC, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR ENTRY OF A FINAL JUDGMENT ON FEWER THAN ALL CLAIMS UNDER RULE 54(b) (# 73) GEORGE CARAM STEEH, District Judge. ... VALVOLINE COMPANY, Plaintiff, v. MAGIC QUICK LUBE, Defendant. , E.D.Mich., October 29, 2009 OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION PAUL D. BORMAN, District Judge. I. INTRODUCTION This is a trademark infringement and unfair competition case. Plaintiff Valvoline Company, the owner of the trademarks and service marks associated with the Valvoline brand and line of products, claims that Defendant Magic Quick Lube, an oil change business located in Monroe, Michigan, is using Valvoline trademarks and service marks without Plaintiff's permission in violatio... UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. J.T. BATTENBERG, III, Paul Free, John Blahnik, Milan Belans, and Catherine Rozanski, Defendants. , E.D.Mich., October 29, 2009 MEMORANDUM AND ORDER DENYING BATTENBERG'S MOTION TO STRIKE JURY DEMAND [FN1] FN1. The Court originally would schedule this matter for hearing. Upon review of the parties' papers, however, the Court finds that oral argument is not necessary. See E.D. Mich. LR 7.1(e)(2). AVERN COHN, District Judge. I. Introduction This is a securities fraud case. Plaintiff U.S. Securities and Exchange Commission (the SEC) sued Delphi Corporation (Delphi) and several of its senior officers, accounting staf... UNITED STATES of America, Plaintiff, v. John Michael STEPPS, Defendant. , E.D.Mich., October 29, 2009 ORDER REGARDING SENTENCE REDUCTION THOMAS L. LUDINGTON, District Judge. On May 7, 2003, Defendant entered a guilty plea as to one count of violating 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). [No. 03- 50017]. The Rule 11 plea agreement limited any term of imprisonment to no more than 112 1/2 months. Similarly, on January 21, 2004, Defendant entered a plea of guilty to one count of violating 18 U.S.C. § 844 (possession of more than 5 grams of cocaine base). [No. 03-81088]. As to... Nancy ENGLAR, et al., Plaintiffs, v. 41B DISTRICT COURT, et al., Defendants. , E.D.Mich., October 29, 2009 OPINION AND ORDER DENYING (1) NONPARTY WILLIAM CANNON'S MOTION TO QUASH SUBPOENA AND (2) PLAINTIFFS' MOTION TO QUASH SUBPOENA PAUL D. BORMAN, District Judge. I. INTRODUCTION This is a civil rights case. Plaintiffs Patricia Barachkov, Nancy Englar, and Carol Diehl (collectively, "Plaintiffs"), all of whom are former employees of the 41B District Court in Clinton Township, Michigan, claim that they were terminated from their respective positions at the court in retaliation for statements made du... Michael AYOUB, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mich., October 29, 2009 ORDER DENYING § 2255 MOTION FOR HABEAS RELIEF (# 84) AND DENYING CERTIFICATE OF APPEALABILITY GEORGE CARAM STEEH, District Judge. Michael Ayoub, appearing pro per, filed a motion on May 22, 2009 for relief from sentence under 28 U.S.C. § 2255 claiming he was denied effective assistance of counsel when his trial counsel failed to investigate and call witnesses at a suppression hearing to dispute that Raja Atoui had the ability to communicate in English and consent to the search of Ayoub's pare... Lenero THOMAS, Plaintiff, v. GUS HARRISON CORRECTIONAL FACILITY, Defendant. , E.D.Mich., October 29, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION (# 7) GEORGE CARAM STEEH, District Judge. Plaintiff Lenero Thomas, appearing pro per, filed a prisoner civil rights complaint on October 3, 2008. By Order of October 14, 2008, Thomas was directed to file two additional copies of the complaint within 30 days to facilitate service, as required under Federal Rule of Civil Procedure 4(c)(1). Thomas was forewarned that failure to timely file the additional copies could result in the dismissal of... UNITED STATES of America, Plaintiff, v. James HORN (D-12), Defendant. , E.D.Mich., October 29, 2009 ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS DERIVATIVE EVIDENCE [DOC. 182] GEORGE CARAM STEEH, District Judge. This matter came before the Court on defendant James Horn's motion to suppress derivative evidence obtained during the execution of search warrants. The Court held an evidentiary hearing on the motion on September 24, 2009. For the reasons set forth below, defendant's motion to suppress is DENIED without prejudice. Search warrants were executed on Horn's house on November 21, 200... Brian GLOVER, Conservator for the Estate of Morgan Glover, a minor, Plaintiff, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, et al., Defendants. , W.D.Mich., October 28, 2009 David P. Shafer, Nolan & Nolan & Shafer, PC, Muskegon, MI, Troy W. Haney, Haney Law Office, PC, Grand Rapids, MI, for Plaintiff. Ronald M. Sangster, Jr., Law Offices of Ronald M. Sangster, PLLC, Troy, MI, Thaddeus E. Morgan, Fraser Trebilcock Davis & Dunlap, PC, Lansing, MI, for Defendant. OPINION JOSEPH G. SCOVILLE, United States Magistrate Judge. For over twenty-five years, insured parties have been caught in the crossfire between ERISA health plans and Michigan no-fault carriers, each... Guadalupe AGUILERA, on behalf of himself and others similarly situated, Plaintiffs, v. MICHIGAN TURKEY PRODUCERS COOPERATIVE, INC., Michigan Turkey Producers, LLC, and Dan Lennon, Defendants. , W.D.Mich., October 28, 2009 OPINION AND ORDER ROBERT J. JONKER, District Judge. This matter is before the Court on Defendants' Motion to Dismiss State Law Claims (docket # 18). The motion seeks dismissal under Rule 12(b)(6) for failure to state a claim, but the supporting papers also seek, in the alternative, a discretionary dismissal under 28 U.S.C. § 1367 (docket # 19 at n. 10). The matter is fully briefed, and the Court does not believe oral argument will assist in the decision-making because the Court has determined... Arthur PORTER, Plaintiff, v. Jennifer GRANHOLM, et al., Defendants. , W.D.Mich., October 28, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OVER OBJECTIONS PAUL L. MALONEY, Chief Judge. This matter comes before the court on a report and recommendation (Dkt. No. 6) issued by the magistrate judge. Plaintiff Arthur Porter is a prisoner under the control of the Michigan Department of Corrections (MDOC). Plaintiff was convicted in 2001 and became eligible for parole in 2004. Although he has scored as having a high probability of parole, the parole board has denied Plaintiff's parole every time... Ali Salaam EL, Plaintiff, v. CITY OF DEARBORN, Dearborn Police, 19th District Court, Alfred Grzegorek # 435, William C. Hultgren, Scott Nagy, William M. Debiasi, et al., Defendants. , E.D.Mich., October 28, 2009 ORDER GRANTING MOTION TO STRIKE AMENDED COMPLAINT (Dkt.16) MICHAEL HLUCHANIUK, United States Magistrate Judge. Plaintiff filed this civil rights action on June 3, 2009. (Dkt.1). This matter was referred to the undersigned for all pretrial purposes by District Judge David M. Lawson. (Dkt.2). Two defendants filed a motion to dismiss on July 7, 2009. (Dkt.3). Two other defendants filed an answer to the complaint on July 8, 2009, along with a motion to dismiss. (Dkt.6, 8). On August 3, 2009, plai... Darnell PARHAM, Petitioner, v. Millicent WARREN, Warden, Thumb Correctional Facility, Respondent. , E.D.Mich., October 28, 2009 ORDER ACCEPTING MAY 28, 2009 REPORT AND RECOMMENDATION (# 14), DISMISSING PETITION FOR WRIT OF HABEAS CORPUS, AND DENYING CERTIFICATE OF APPEALABILITY GEORGE CARAM STEEH, District Judge. This matter is before the court on Darnell Parham's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following a jury trial, Parham was convicted in Michigan's Wayne County Circuit Court on January 12, 2001 of aiding and abetting first-degree murder, M.C.L. § 750.316(1)(a); M.C.L. § 767.39, ... UNITED STATES of America, Plaintiff, v. Steven Paul WALTON, Defendant. , E.D.Mich., October 28, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING THE GOVERNMENT'S MOTION FOR INVOLUNTARY MEDICAL TREATMENT, AND AUTHORIZING INVOLUNTARY MEDICAL TREATMENT THOMAS L. LUDINGTON, District Judge. This matter is before the Court on a report and recommendation [Dkt # 25] issued by Magistrate Judge Charles E. Binder on September 25, 2009. The magistrate judge recommends that the Court grant the government's motion for involuntary medical treatment [Dkt. # 23]. As of today's date, no party has file... UNITED STATES of America, Plaintiff, v. Ditwan Marie MORGAN, Defendant. , E.D.Mich., October 28, 2009 ORDER DENYING DEFENDANT'S MOTION FOR HEARING FOR EXPUNGEMENT (# 61) WITHOUT PREJUDICE GEORGE CARAM STEEH, District Judge. Defendant Ditwan Morgan moves to expunge her June 20, 2000 plea-based conviction to one count of unlawful use of a communication facility in violation of 21 U.S.C. § 843(b). Oral argument would not significantly aid the decisional process. Pursuant to E.D. Mich. Local R. 7.1(e)(2), it is ORDERED that the motion be resolved without oral argument. The Sixth Circuit has re... John Arturo GONZALES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 28, 2009 Lorinda K. Jones-Lindsay, Neighborhood Legal Services, Michigan, Detroit, MI, for Plaintiff. Judith E. AUSA Levy, U.S. Attorney's Office, Detroit, MI, for Defendant. ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION SEAN F. COX, District Judge. Plaintiff brought this action under 42 U.S.C. § 405(g) challenging a final decision of Defendant Commissioner denying his application for benefits. Thereafter, Defendant filed a Motion to Remand and Plaintiff filed a response to that motion. Th... Leo WEATHERS, Plaintiff, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant. , E.D.Mich., October 28, 2009 Greg M. Liepshutz, Levine, Benjamin, Southfield, MI, for Plaintiff. James E. Brenner, Clark Hill, Detroit, MI, for Defendant. OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT, AND DENYING PLAINTIFF'S MOTION FOR JUDGMENT ROBERT H. CLELAND, District Judge. Pending before the court are cross-motions for judgment, filed by Plaintiff Leo Weathers on June 15, 2009, and filed by Defendant Mutual of Omaha Insurance Company on June 30, 2009. Both motions seek final judgment on Plaintiff... The TRAVELERS INDEMNITY CO. OF CONNECTICUT, et al., Plaintiffs, v. NATIONAL FAIR HOUSING ALLIANCE, INC., Defendant. , E.D.Mich., October 28, 2009 Charles W. Browning, Plunkett & Cooney, Bloomfield Hills, MI, David A. Dworetsky, Kenneth C. Newa, Plunkett & Cooney, Detroit, MI, for Plaintiffs. Margaret J. Lockhart, Cooper & Walinski, Toledo, OH, Paul A. Callam, Ann Arbor, MI, for Defendant. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL PLAINTIFFS TO RESPOND TO DEFENDANT'S FIRST SET OF DISCOVERY REQUESTS (DOCKET NO. 27) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on De... UNITED STATES of America, Plaintiff, v. Rodney RICE, Defendant. , E.D.Mich., October 28, 2009 OPINION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. § 2255 AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY ROBERT H. CLELAND, District Judge. On January 14, 2009, Defendant Rodney Rice, a prisoner at the Federal Correctional Institution in Ashland, Kentucky, filed a "Motion to Vacate Sentence Under 28 U.S.C. § 2255." Defendant raises four grounds in his § 2255 motion; all four are based on ineffective assistance of counsel. Defendant also asks for an evidenti... Ronald MITCHELL, Petitioner, v. C. ZYCH, Respondent. , E.D.Mich., October 28, 2009 OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS PAUL D. BORMAN, District Judge. Ronald Mitchell, ("petitioner"), presently confined at the Federal Correctional Institution in Milan, Michigan [FCI-Milan], seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2241. In his pro se application, petitioner challenges the decision from a prison disciplinary hearing conducted by the Bureau of Prisons (BOP) which resulted in the loss of good conduct time, disciplinary ... Robert GINEMAN, Plaintiff, v. UNITED STATES of America (Department of Veteran Affairs), Defendant. , E.D.Mich., October 28, 2009 ORDER GRANTING, IN PART, DEFENDANT'S MOTION TO DISMISS (# 7) DISMISSING PLAINTIFFS' CLAIMS AS THEY PERTAIN TO THE PONTIAC VA COMMUNITY OUTPATIENT CLINIC GEORGE CARAM STEEH, District Judge. Defendant United States of America, on behalf of the Department of Veteran Affairs ("VA"), moves to dismiss plaintiff Robert Gineman's medical malpractice claims for lack of subject matter jurisdiction, and for failure to state a claim upon which relief may be granted. Oral argument would not significantly ... Billy James MILES, Plaintiff, v. CO SHEFFELD, Defendant. , E.D.Mich., October 28, 2009 ORDER ACCEPTING MAGISTRATE'S REPORT AND RECOMMENDATION ANNA DIGGS TAYLOR, District Judge. This matter is before the Court on Magistrate Judge Michael Hluchaniuk's Report and Recommendation of August 13, 2009, dismissing Plaintiff's Complaint without prejudice for failure to prosecute and mooting Defendant's motion to dismiss. The Court has reviewed the file and the Magistrate Judge's Report and Recommendation. No objections have been filed. The Court finds that the law cited by the Magistr... Robert Earl HACKNEY, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., October 28, 2009 ORDER GRANTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND DENYING PETITIONER'S MOTION FOR A CERTIFICATE OF APPEALABILITY THOMAS L. LUDINGTON, District Judge. Petitioner Robert Earl Hackney has appealed the Court's Opinion and Order denying his habeas corpus petition, which challenges Petitioner's state conviction for first-degree criminal sexual conduct. Currently pending before the Court are Petitioner's motion to proceed in forma pauperis on appeal and Petitioner's motio... James FISH, Plaintiff, v. Home Depot USA, Incorporated, Defendant. , E.D.Mich., October 28, 2009 OPINION & ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SEAN F. COX, District Judge. Plaintiff rented an extension ladder from Defendant and alleges that he fell from that ladder on October 29, 2007, and suffered injuries. Plaintiff then filed this action against Defendant, asserting negligence, breach of implied warranty and Michigan Consumer Protection Act claims. The matter is currently before the Court on Defendant's Motion for Summary Judgment. The parties have briefed the issue... UNITED STATES of America, Plaintiff, v. Brent JACKSON, Defendant. , E.D.Mich., October 28, 2009 OPINION AND ORDER VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court for Sentencing. Defendant filed a Sentencing Memorandum, under Seal, on July 1, 2009. The matter was originally scheduled for sentencing on August 18, 2009, but was adjourned after the Court notified the parties that it disagreed with the guideline calculations in the Rule 11 and Pre-sentence Investigation Report ("PSIR"), and intended to apply a higher guideline range. The Court allowed Def... Robert L. WILKENS, Jr., Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., October 28, 2009 OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PAUL D. BORMAN, District Judge. Petitioner Robert L. Wilkens, Jr., a state inmate currently incarcerated at the Michigan Reformatory in Ionia, Michigan, [FN1] filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. In his pro se pleadings, Petitioner challenges his convictions for (1) two counts of first-degree criminal sexual condu... MAINSTAY HIGH YIELD CORPORATE BOND FUND, Plaintiff, v. HEARTLAND INDUSTRIAL PARTNERS, L.P., et. al., Defendants. Hannah Kleinpeter-Fleck, et al., Plaintiffs, v. Collins and Aikman Corporation, Magistrate Judge R. Steven Whalen et al., Defendants, E.D.Mich., October 28, 2009 OPINION AND ORDER R. STEVEN WHALEN, United States Magistrate Judge. Before the Court is Lead Plaintiffs' Joint Motion to Compel Testimony and Production of Documents from Defendant Elkin McCallum [Doc. # 201 in case no. 06-13555, and Doc. # 276 in case no. 07-10542]. For the reasons discussed below, the motion will be GRANTED IN PART. I. BACKGROUND These two companion cases were filed in 2006 and 2007, respectively. On August 8, 2006, Plaintiff Craig Epstein and other Plaintiffs filed their C... VM SERVICES, INC., Plaintiff, v. TWO MEN AND A TRUCK INTERNATIONAL, INC. and East Tennessee Moving Company, Defendants. , W.D.Mich., October 28, 2009 MEMORANDUM OPINION JANET T. NEFF, District Judge. Pending before the Court is an application for entry of default and motion for default judgment by defendant Two Men and a Truck/International, Inc. (TMTI). TMTI previously filed a Request for Pre-Motion Conference to file a default and motion for default judgment because plaintiff corporation had failed to obtain legal counsel to represent it. On September 21, 2009, the Court entered an Order (Dkt 81) denying TMTI's Pre-Motion Conference Requ... LASALLE BANK NATIONAL ASSOCIATION as Trustee, Plaintiff, v. Beverly and Matthew MURRAY, and All Occupants, Defendants. Beverly and Matthew Murray, Third-Party Plaintiffs, v. First Franklin Financial Corporation, First Franklin Services d/b/a Hom, W.D.Mich., October 28, 2009 Donald J. King, Trott & Trott PC, Farmington Hills, MI, for Plaintiff. William G. Asimakis, Jr., Clark Hill PLC, Detroit, MI, for Plaintiff/Third- Party Defendants. Vanessa G. Fluker, Vanessa G. Fluker, Esq. PLLC, Detroit, MI, for Defendants/Third-Party Plaintiffs. Rebecca J. Dukes, Clark Hill PLC, Grand Rapids, MI, for Third-Party Defendants. OPINION AND ORDER ROBERT J. JONKER, District Judge. Upon reviewing Third-Party Defendants First Franklin Financial Corporation and Home Loan S... Gladys YOLTON, Wilbur Montgomery, Elsie Teas, Robert Betker, Edward Maynard, and Gary Halstead, on behalf of themselves and a similarly situated class, Plaintiffs, v. EL PASO TENNESSEE PIPELINE CO., and CNH America, LLC, Defendants. , E.D.Mich., October 27, 2009 Roger J. McClow, Samuel C. McKnight, Klimist, McKnight, Southfield, MI, for Plaintiffs. Stephanie Goldstein, Fried, Frank, New York, NY, Thomas G. Kienbaum, William B. Forrest, Sonja L. Lengnick, Kienbaum, Opperwall, Birmingham, MI, Kevin S. Hendrick, Clark Hill, Norman C. Ankers, Honigman, Miller, Detroit, MI, Bobby R. Burchfield, Mcdermott, Will, Washington, DC, for Defendants. BENCH OPINION REGARDING CNH AMERICA, LLC'S ACCORD AND SATISFACTION DEFENSE PATRICK J. DUGGAN, District Judge. ... UNITED STATES of America, Plaintiff(s), v. D-1 Timothy Dennis O'REILLY, Defendant(s). , E.D.Mich., October 27, 2009 ORDER GRANTING DEFENDANT'S MOTION TO APPOINT AUSAs FROM ANOTHER DISTRICT AS FIREWALL VICTORIA A. ROBERTS, District Judge. This matter is before the Court on Timothy O'Reilly's "Motion to Appoint AUSAs From Another District as 'Firewall' in Order to Insure Prosecution's Strict Compliance with FRCP 12.2, and Supporting Brief ." (Doc. # 378). O'Reilly's motion is GRANTED. II. APPLICABLE LAW AND ANALYSIS Fed.R.Crim.P. 12.2 says: (b) If a defendant intends to introduce expert evidence relat... YPSILANTI COMMUNITY UTILITIES AUTHORITY, and Christman Co., Plaintiffs, v. MEADWESTVACO AIR SYSTEMS LLC, et al., Defendants. , E.D.Mich., October 27, 2009 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL DISCOVERY (DOCKET NO. 56) MONA K. MAJZOUB, United States Magistrate Judge. This matter comes before the Court on Plaintiffs' Motion To Compel Discovery filed on August 28, 2009. (Docket no. 56). Defendant MeadWestavaco Corporation filed a Response To Plaintiffs' Motion To Compel Discovery on September 11, 2009. (Docket no. 62). Plaintiffs filed a Reply To Defendant MeadWestvaco Corporation's Response In Opposi... BAY MARINE SALVAGE AND SERVICES, LTD., Plaintiff, v. MOTOR VESSEL 44' EGG HARBOR, MC 7336 KA; Jason Bedell, Defendants. , E.D.Mich., October 27, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION FOR DEFAULT JUDGMENT THOMAS L. LUDINGTON, District Judge. On June 16, 2008, Plaintiff filed a second amended verified complaint [Dkt # 16] against Defendant Motor Vessel 44' Egg Harbor, MC 7336 KA and Defendant Jason Bedell. On June 11, 2009, the Clerk of the Court entered a default as to both Defendants. On July 23, 2009, Plaintiff filed a motion for default judgment as to both Defendants and for an order of sale of vessel [Dkt. #... David SLAVEN, Plaintiff, v. SPIRIT AIRLINES, INC., et al., Defendants. , E.D.Mich., October 27, 2009 OPINION AND ORDER DENYING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S EXPERT WITNESS FOR FAILURE TO COMPLY WITH FED. R. CIV. P. 26(A)(2) (DOCKET NO. 42) AND GRANTING PLAINTIFF'S MOTION TO EXTEND TIME TO PROVIDE DEFENDANTS WITH SUPPLEMENTAL EXPERT DISCLOSURES (DOCKET NO. 45) MONA K. MAJZOUB, United States Magistrate Judge. These matters come before the Court on two motions. The first motion is Defendants' Motion To Strike Plaintiff's Expert Witness For Failure To Comply With Fed.R.Civ.P. 26(A)(2)... Zoya JAAFAR, Plaintiff, v. HOMEFIELD FINANCIAL, INC., Aurora Loan Services, Inc., and Specialized Loan Servicing, LLC, Defendants. , E.D.Mich., October 27, 2009 OPINION AND ORDER PATRICK J. DUGGAN, District Judge. In this action, Zoya Jaafar ("Plaintiff") alleges several violations of statutory and common law in connection with her procurement of senior and junior mortgages to finance her purchase of a home in November 2006. Presently before the Court is a Motion for Summary Judgment/Dismissal filed by Specialized Loan Servicing, LLC ("SLS") on August 24, 2009. [FN1] The motion has been fully briefed and the Court held oral argument on October 22, 20... Ronald R. GRAHAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 27, 2009 ORDER ADOPTING MAGISTRATE JUDGE REPORT AND RECOMMENDATION JOHN CORBETT O'MEARA, District Judge. The Court, pursuant to 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. 636(b)(1)(B), and LR 72.1(b)(3), has reviewed Magistrate Judge Charles E. Binder's Report and Recommendation, filed October 01, 2009, as well as any objections filed by the parties, and upon review; IT IS HEREBY ORDERED that the report and recommendation is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's motion fo... DASSAULT SYSTEMES, S.A., Plaintiff, v. Keith CHILDRESS d/b/a Practical Catia Training, Defendant. , E.D.Mich., October 27, 2009 OPINION AND ORDER LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter is before the Court on Plaintiff's "Motion for Protective Order and Privacy Act Order and for Leave to Serve Subpoena on FBI" [dkt 12]; Defendant's "Motion for Protective Order and to Strike Certain Information from Complaint" [dkt 16]; and Plaintiff's motion for default judgment [dkt 19]. The parties have fully briefed the motions. [FN1] The Court finds that the facts and legal arguments are adequately presente... Tyrone SPARKS, Plaintiff(s), v. HOMECOMINGS FINANCIAL, LLC, Defendant(s). , E.D.Mich., October 27, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS VICTORIA A. ROBERTS, District Judge. I. INTRODUCTION This matter is before the Court on Defendant's "Motion to Dismiss or, in the Alternative, for Summary Judgment." (Doc. # 9). Defendant asks the Court to dismiss Tyrone Sparks' Complaint in its entirety. Defendant's motion is GRANTED IN PART AND DENIED IN PART. II. BACKGROUND On June 17, 2004, Sparks signed an Offer to Purchase Real Estate in which he agreed to purch... Jonston MARLAND, Petitioner, v. Thomas K. BELL, Respondent. , E.D.Mich., October 27, 2009 OPINION AND ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS AND GRANTING, IN PART, CERTIFICATE OF APPEALABILITY PATRICK J. DUGGAN, District Judge. Petitioner Jonston Marland ("Petitioner"), a state inmate currently incarcerated at the Carson City Correctional Facility in Carson City, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, asserting that he is being held in violation of his constitutional rights. The state charged Petitioner with arme... Percy Donelle CUMMINGS, Petitioner, v. Blaine LAFLER, Respondent. , E.D.Mich., October 27, 2009 OPINION AND ORDER DENYING HABEAS CORPUS PETITION, GRANTING A CERTIFICATE OF APPEALABILITY, AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL STEPHEN J. MURPHY, III, District Judge. Pending before the Court is Percy Donelle Cummings' pro se habeas corpus petition under 28 U.S.C. § 2254. The habeas petition challenges Cummings' state court convictions for murder and certain related offenses. Cummings alleges that (1) his statement to the police was involuntary, (2) the trial court shoul... Steven Allen THOMASON, Petitioner, v. Nick LUDWICK, Respondent. , E.D.Mich., October 27, 2009 OPINION AND ORDER: DENYING PETITIONER'S "MOTION FOR RECONSIDERATION OF EVIDENTIARY HEARING; FOR ACCELERATION OF HEARING" [DKT. # 23], INTERPRETING PETITIONER'S "MOTION FOR EXPEDIENT CONSIDERATION OF ORDERING DISCOVERY" AS A MOTION FOR RECONSIDERATION; AND DENYING THE MOTION FOR RECONSIDERATION [DKT. # 24] GERALD E. ROSEN, Chief Judge. Pending before the Court are Petitioner's "Motion for Reconsideration of Evidentiary Hearing; for Acceleration of Hearing," [dkt. # 23], and "Motion for Expedi... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., October 27, 2009 MEMORANDUM OPINION & ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion in limine to exclude hearsay statements of Sky Hempy (Dkt. No. 645). For the reasons that follow, this motion will be denied. In this motion in limine, Defendant asks the Court to exclude "any evidence of statements attributed to Mr. Hempy" on the ground that all of Mr. Hempy's statements constitute inadmissible hearsay. (Dkt. No. 645, Def.'s Mot. 4.) T... Joseph E. SCHULZE, Plaintiff, v. TOWNSHIP OF CLAYBANKS, Township of Claybanks Zoning Board, and Richard Smith, in his individual capacity and as Claybanks Township Supervisor, Defendants. , W.D.Mich., October 27, 2009 OPINION and ORDER Granting the Defendant's Motion for Summary Judgment PAUL L. MALONEY, Chief Judge. Plaintiff Joseph E. Schulze ("Schulze") resides in Claybanks Township, in Oceana County, Michigan. See Complaint filed August 7, 2009 ("Comp") ¶ 1. In June 2000, Schulze bought a 20-acre parcel of land and a house in Montague, which is within Claybanks Township. See Comp ¶¶ 11-12. By Schulze's account, he kept "several" pets on his property, "dogs of at least some Staffordshire Bull Terrier li... Robert Jack COUNTERMAN, Movant, v. UNITED STATES of America, Respondent. , W.D.Mich., October 27, 2009 OPINION ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Movant Robert Jack Counterman's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence imposed upon him by this Court. I. Movant was indicted on two counts of interstate transportation of stolen motor vehicles in violation of 18 U.S.C. § 2312. Movant pled guilty to a two-count Superseding Information charging him with one count of interstate transportation of a stolen vehicle in violation ... Joseph CAHEE, Plaintiff, v. COUNTY OF DICKINSON, Defendant. , W.D.Mich., October 27, 2009 OPINION R. ALLAN EDGAR, District Judge. This is a civil action brought by a state prisoner. The Court has granted Plaintiff leave to proceed in forma pauperis, and Plaintiff has paid the initial partial filing fee. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary rel... Demma Roy BREEDING, Plaintiff, v. Nancy LANGE, et al., Defendants. , W.D.Mich., October 27, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief Judge. The Court has reviewed the Report and Recommendation (Dkt.# 114) filed by United States Magistrate Judge Ellen S. Carmody in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that Plaintiff's claims against Defendant Jacklyn Jacks... WHITESELL CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Whirlpool Mexico S.A. de C.V., and Joseph Sharkey, Defendants, and Whirlpool Corporation, Counter-Plaintiff, v. Whitesell Corporation, Counter-Defendant. , W.D.Mich., October 27, 2009 MEMORANDUM OPINION & ORDER ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Defendant Whirlpool Corporation's motion in limine to exclude (1) evidence of any alleged breach of the 1995 Strategic Alliance Agreement ("SAA") and (2) evidence pertaining to Defendant's treatment of other suppliers (Dkt. No. 607). For the reasons that follow, this motion will be denied. In this motion, Defendant asks the Court to preclude Plaintiff from introducing any and all evidence pert... Toriano Jacoe TISDALE, Petitioner, v. Carol R. HOWES, Respondent. , E.D.Mich., October 27, 2009 OPINION AND ORDER GRANTING PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY AND GRANTING PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND DENYING EVIDENTIARY HEARING ARTHUR J. TARNOW, District Judge. Petitioner Toriano Jacoe Tisdale filed a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. On April 16, 2009, the Court issued an Opinion and Order Granting Respondent's Motion to Dismiss. Petitioner has filed a Motion for Certificate of Appealab... Jerome Edwin MONTGOMERY, Petitioner, v. Barry D. DAVIS, Respondent. , E.D.Mich., October 27, 2009 Jerome Montgomery, Newberry, MI, pro se. Raina I. Korbakis, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY AND GRANTING PETITIONER'S APPLICATION TO PROCEED WITH AN APPEAL IN FORMA PAUPERIS JULIAN ABELE COOK, JR., District Judge. Petitioner Jerome Edwin Montgomery, a state inmate currently incarcerated at the Newberry Correctional Facility in Newberry, Michigan, filed a pro se petition for a writ of habeas corpu... Brad TOPHAM, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Terry Mallory, Correctional Medical Services, Doctor Wazienski, Doctor Malik, Howard Tyree, Davol, Inc. and C.R. Bard, Inc., Defendants. , E.D.Mich., October 26, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S CLAIMS DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on September 24, 2009 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b). Judge Majzoub recommends that this Court dismiss with prejudice all of the plaintiff's claims against defendants Michigan Department of Corrections, Davol, Inc., and C.R. Bard, Inc., as well as the plaintiff's claims with respect to vicarious and supe... UNITED STATES of America, Plaintiff, v. Robert NOEL, Defendant. , E.D.Mich., October 26, 2009 Nancy A. Abraham, U.S. Attorney's Office, Flint, MI, for Plaintiff. ORDER DENYING DEFENDANT'S "MOTION TO SUPPRESS/FOR LACK OF JUDICIAL POWER AND JURISDICTION OF COUNTS 1, 2, AND 3 OF INDICTMENT" [DKT. # 21], DEFENDANT'S MOTION FOR SUBPOENA DUCES TECUM [DKT. # 25], DEFENDANT'S "MOTION TO DISMISS INDICTMENT COUNTS 1, 2, AND 3" [DKT. # 27], AND DEFENDANT'S "MOTION TO CHANGE VENUE, MOTION TO DISQUALIFY JUDGE" [DKT. # 67], AND DENYING AS MOOT DEFENDANT'S "MOTION FOR SUBPOENA DUCES TECUM/BEST EVIDEN... US. SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Paul G. MERKLINGER and Encore Associated Leasing, LLC, Defendants, and Brian J. Merklinger, Relief Defendant. , E.D.Mich., October 26, 2009 Benjamin J. Hanauer, James G. Lundy, U.S. Securities and Exchange Commission, Chicago, IL, Ellen E. Christensen, U.S. Attorney's Office, Detroit, MI, for Plaintiff. H. Nathan Resnick, Resnick & Moss, Bloomfield Hills, MI, for Defendants. ORDER REGARDING DEFENDANT PAUL MERKLINGER'S MOTION FOR RECONSIDERATION OF SEPTEMBER 23, 2009 ORDER GERALD E. ROSEN, Chief Judge. This matter is presently before the Court on Defendant's October 2, 2009 Motion for Reconsideration of the Court's September ... Frederick FIELDS, Petitioner, v. Thomas BIRKETT, Respondent. , E.D.Mich., October 26, 2009 OPINION AND ORDER PATRICK J. DUGGAN, District Judge. Petitioner Frederick Fields filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, a state prisoner who is currently incarcerated at the Oaks Correctional Facility in Manistee, Michigan, challenges his convictions for solicitation to commit murder and first-degree premeditated murder. Petitioner was sentenced to concurrent terms of thirty- to sixty-years imprisonment for the solicitation to commit murder... Fred Cortland PROCTOR, et. al., Plaintiffs, v. L. APPLEGATE, et al., Defendants. , E.D.Mich., October 26, 2009 ORDER GRANTING MOTION TO SET ASIDE DEFAULT (Dkt.196) MICHAEL HLUCHANIUK, United States Magistrate Judge. The complaint in this matter was filed on June 5, 2007 by five plaintiffs, four of whom are currently in the custody of the Michigan Department of Corrections. (Dkt.1). Plaintiffs seek damages from dozens of MDOC employees based on allegations that they were denied certain rights under the United States Constitution. On July 24, 2007, District Judge Paul D. Borman entered an order referrin... UNITED STATES of America, Plaintiff, v. D-15, Robert M. SILLS, Defendant. , E.D.Mich., October 26, 2009 MEMORANDUM AND ORDER DENYING MOTION FOR NEW TRIAL BASED ON NEW EVIDENCE AVERN COHN, District Judge. I. This is a criminal case. Defendant, Robert M. Sills, after a seven day jury trial, was found guilty of a violation of 21 USC §§ 841(a)(1) and 841(b)(1)(A)(ii)(II), Conspiracy to Distribute Five Kilograms or More of Cocaine. Defendant has yet to be sentenced. Now before the Court is defendant's Motion For New Trial Based On New Evidence (Dkt.565). The new evidence consists of (1) an airline... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff, v. Tammy CHURCH, Charles Davis, and the United States of America, Defendants. , W.D.Mich., October 26, 2009 OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PAUL L. MALONEY, Chief Judge. This matter comes before the court on Defendant United States of America's motion (Dkt. No. 34) for summary judgment. Plaintiff Mortgage Electronic Registration Systems (MERS or Plaintiff) filed a response. (Dkt. No. 44.) Defendant United States (Defendant or United States) filed a reply. (Dkt. No. 45.) Having reviewed the motion, supporting briefs, exhibits and relevant legal authority, the previ... Kim R. JONES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Mich., October 26, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. Overruling the Petitioner's Objections and Adopting the R & R; Affirming the Commissioner's Denial of Disability Benefits Entering Judgment in Favor of the Defendant; Terminating and Closing the Case Pursuant to 28 U.S.C. § 636 and W.D. MICH. LCIVR 72.2(b), this matter was automatically referred to the Honorable Joseph G. Scoville, United States Magistrate Judge, who issued a Report and Recommendation ("R & R") on Tuesday, September 8, 2009. Plai... UNITED STATES of America, Plaintiff, v. Kevin Jermaine RODGERS, Defendant. , W.D.Mich., October 26, 2009 OPINION ROBERT HOLMES BELL, District Judge. Before the Court are motions by Defendant Kevin Jermaine Rodgers to exclude evidence (Dkt.Nos.62, 113, 130), as well as a motion by the government to exclude Defendant's presentation of an alibi defense. (Dkt. No. 164.) I. Because Defendant's evidentiary motions address overlapping issues, the Court will address his motions on an issue-by-issue basis. A. References to search warrant Defendant seeks to exclude references to the search warrant an... UNITED STATES, Plaintiff, v. Kevin Jermaine RODGERS, Defendant. , W.D.Mich., October 26, 2009 ORDER REGARDING REPORT AND RECOMMENDATION ROBERT HOLMES BELL, District Judge. In accordance with the opinion entered this date, IT IS HEREBY ORDERED that Defendant Kevin Jermaine Rodgers's objections to the Report and Recommendation of the Magistrate Judge (Dkt. No. 167) are DENIED. IT IS FURTHER ORDERED THAT the Report and Recommendation of the Magistrate Judge (Dkt. No. 163) is ADOPTED IN PART as the opinion of the Court with respect to whether the search was conducted pursuant to a vali... Leda BORGHESE, Plaintiff, v. Referee Deborah AUTMAN Kent County 17th Circuit Court Family Division, Defendants. , W.D.Mich., October 26, 2009 OPINION AND ORDER ROBERT J. JONKER, District Judge. In this action, Plaintiff Leda Borghese (proceeding in forma pauperis) has sued Defendants Referee Deborah Autman and the Kent County 17th Circuit Court Family Division regarding an order allegedly signed by Ms. Autman on June 15, 2004. On October 9, 2009, the Court ordered the parties to show cause (docket # 21) why it should not dismiss the case under the Rooker-Feldman doctrine or under 28 U.S.C. § 1915(e)(2)(B)(ii). Defendants submitted ... George JURICH, Petitioner, v. Barry McLEMORE, Respondent. , E.D.Mich., October 26, 2009 ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT AVERN COHN, District Judge. I. This is a habeas case under 28 U.S.C. § 2254 which has long since closed. In 2002, petitioner George Jurich, a state prisoner convicted of first- degree murder and conspiracy to commit murder and serving a life sentence, filed a petition for writ of habeas corpus claiming that he was incarcerated in violation of his constitutional rights. Petitioner raised twelve claims, including a claim that the state courts lack... NEWFREY LLC, a Delaware Corporation and Emhart Teknologies LLC, a Delaware Corporation, Plaintiffs, v. BURNEX CORPORATION, Defendant. , E.D.Mich., October 26, 2009 ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OF UNENFORCEABILITY OF '705 AND '638 PATENT IN SUIT (D/E 75) AVERN COHN, District Judge. I. This is a hotly contested patent case. Plaintiffs Newfrey LLC (Newfrey) and Emhart Teknologies LLC (Emhart) (collectively "plaintiffs") claims that defendant Burnex Corp. (Burnex) has infringed three patents for fasteners or clips: United States Patent Nos. 6,928,705, 7,096,638, and 7,120,971. In response Burnex claims that it has n... Joseph Arthur MUNIZ, Petitioner, v. Willie SMITH, Respondent. , E.D.Mich., October 26, 2009 ORDER GRANTING IN PART AND DENYING IN PART CERTIFICATE OF APPEALABILITY PATRICK J. DUGGAN, District Judge. Petitioner Joseph Arthur Muniz ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which this Court subsequently denied on September 10, 2009. Petitioner seeks to appeal the Court's decision with respect to the issues presented in his habeas petition. He therefore filed a request for a certificate of appealability from this Court on October 7, 2009. ... Marshall WRIGHT, Petitioner, v. Donald RUDOLPH, Respondent. , E.D.Mich., October 26, 2009 OPINION AND ORDER: INTERPRETING PETITIONER'S REQUEST TO STAY THE HABEAS PROCEEDINGS AS A MOTION FOR RECONSIDERATION, DENYING THE MOTION FOR RECONSIDERATION, AND DISMISSING THE HABEAS PETITION WITHOUT PREJUDICE VICTORIA A. ROBERTS, District Judge. Pending before the Court is Petitioner's motion to stay these habeas proceedings, which is in the form of a letter to the Court. On June 16, 2008 [FN1] Petitioner Marshall Wright, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.... UNITED STATES of America, Plaintiff, v. Karl WINGO, Defendant. , E.D.Mich., October 26, 2009 OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO CRACK GUIDELINE AMENDMENTS PATRICK J. DUGGAN, District Judge. In 1992, a jury convicted Defendant of the following eighteen counts: one count of conspiracy to possess with intent to distribute cocaine and heroin; one count of engaging in a continuing criminal enterprise ("CCE"); two counts of aiding and abetting in the distribution of a controlled substance; one count of possession with intent to distribute a c... US. SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Paul G. MERKLINGER and Encore Associated Leasing, LLC, Defendants, and Brian J. Merklinger, Relief Defendant. , E.D.Mich., October 26, 2009 MEMORANDUM OPINION AND ORDER REGARDING RESNICK & MOSS, P.C.'S MOTION TO WITHDRAW AS ATTORNEYS FOR DEFENDANTS PAUL MERKLINGER AND ENCORE ASSOCIATED LEASING GERALD E. ROSEN, Chief Judge. This matter is presently before the Court on the October 14, 2009 Motion of Resnick & Moss, P.C. ["Resnick"] to withdraw as counsel for Defendants Paul Merklinger and Encore Associated Leasing, LLC. Plaintiff has responded to Resnick's Motion and Resnick has replied. Having reviewed and considered Resnick's Mot... James W. KING, Plaintiff, v. TRITON INDUSTRIES, INC., Defendant. , W.D.Mich., October 26, 2009 OPINION and ORDER PAUL L. MALONEY, Chief Judge. Directing the Plaintiff to File an Amended Complaint and Amended Damages Calculation; Rescheduling Hearing on the Defendant's Motion for Summary Judgment Plaintiff James W. King ("King") is an independent sales representative representing principals to the boat industry in the southeastern United States. See Comp ¶ 5 and Ans ¶ 5. In May 2004, King and defendant Triton Industries, Inc. ("Triton") entered into an oral agreement wherein he would be ... Addison WHITE, Jr., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Mich., October 26, 2009 ORDER DENYING MOTION FOR FEES AND COSTS PAUL L. MALONEY, Chief Judge. This matter is before the Court on Plaintiff's Application for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act. (Dkt.# 17). Counsel seeks $12,097.73 in fees and costs, as detailed in his application and amended application. (Dkt.# 17, 25). For the reasons articulated below, the Court denies counsel's request. Pursuant to the Equal Access to Justice Act (EAJA), the prevailing party in an action seeking... Larry HARRIS, Petitioner, v. Gary J. CAPELLO, Warden, Respondent. , E.D.Mich., October 23, 2009 OPINION AND ORDER SUMMARILY DISMISSING THE PETITIONER'S CASE DAVID M. LAWSON, District Judge. The petitioner, Larry Harris, a Michigan prisoner, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, the petitioner challenges his 2004 Wayne County, Michigan circuit court convictions for first-degree murder, Mich. Comp. Laws § 750.316, assault with intent to commit great bodily harm less than murder, Mich. Comp. Laws § 750.84, and possession of a firear... Beth PERKINS, Plaintiff, v. CLAYTON TOWNSHIP, a governmental entity and Rod Shumaker, Defendants. , E.D.Mich., October 23, 2009 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (D/E 7) STEPHEN J. MURPHY, III, District Judge. This is a suit brought by Beth Perkins, the former Treasurer of Clayton Township, against Clayton Township and against Rod Shumaker, the former Supervisor of Clayton Township. In her complaint, Perkins alleges that the defendants violated the Michigan Whistleblower Protection Act and violated her First Amendment rights. Specifically, Ms. Perkins alleges that in retaliation for speaking to a ... HERFY SUB, INC., Plaintiff, v. NORTHLAND INSURANCE COMPANY, Defendant. , E.D.Mich., October 23, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (D/E 25) STEPHEN J. MURPHY, III, District Judge. This is a suit to obtain insurance benefits following a fire at a sub shop. Herfy Sub, Inc. ("Herfy"), the owner of the shop, has sued Northfield Insurance Company ("Northfield") (erroneously sued as Northland Insurance Company), for breach of contract, specific performance, and violations of the Uniform Trade Practices Act. Northfield counterclaims for rescission and declaratory judgment o... Derrick R. MALLORY, Plaintiff, v. NOVASTAR MORTGAGE, INC., et al, Defendant. , E.D.Mich., October 23, 2009 ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JOHN FEIKENS, District Judge. The Court having reviewed the Magistrate Judge's Report and Recommendation, filed on 9/21/2009, and noted that no objections were filed by either party, IT IS ORDERED that the Report is accepted and entered as the findings and conclusions of this court. MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DONALD A. SCHEER, United States Magistrate Judge. RECOMMENDATION: Defendants' respective Motions to Di... Sharon Elaine HILL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Mich., October 23, 2009 ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BERNARD A. FRIEDMAN, District Judge. This matter is presently before the court on the parties' cross motions for summary judgment [docket entries 11, 16]. Magistrate Judge Mona K. Majzoub has submitted a Report and Recommendation ("R & R") in which she recommends that the court deny plaintiff's motion and grant defendant's motion. Neither party has filed objections to the R & R. Having reviewed the parties' motions, ... Christopher LEE, Plaintiff, v. Thomas BIRKETT, et al., Defendants. , E.D.Mich., October 23, 2009 Christopher Lee, Baraga, MI, pro se. Christine M. Campbell, MI Dept. of Atty. Gen., Lansing, MI, for Defendants. ORDER ON PLAINTIFF'S MOTIONS TO AMEND COMPLAINT (Dkt.25, 33, 41) MICHAEL HLUCHANIUK, United States Magistrate Judge. This is a prisoner civil rights action filed on February 26, 2009. (Dkt.1). Plaintiff alleges that defendants failed to provide sanitary prison conditions which posed a threat to his health in violation of his constitutional rights. This case was referred to th... Rico MENEFEE, Petitioner, v. Patricia BARNHART, Respondent. , E.D.Mich., October 23, 2009 Rico Menefee, Lapeer, MI, pro se. OPINION AND ORDER GRANTING RESPONDENT'S SUMMARY JUDGMENT MOTION, DENYING PETITIONER'S SUMMARY JUDGMENT MOTION, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS, AND DENYING A CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS BERNARD A. FRIEDMAN, District Judge. Petitioner Rico Menefee, a Michigan prisoner, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is incarcerated in viola... Jon STRAUB and Kris Straub, Plaintiffs, v. M & I BANK FSB, HSBC Mortgage Services, Inc. and Homecomings Financial, LLC, Defendants. , E.D.Mich., October 23, 2009 Kassem M. Dakhlallah, Landis & Day, PLC, Plymouth, MI, for Plaintiffs. Michael D. Huitink, Maria L. Kreiter, Godfrey and Kahn, S.C., Milwaukee, WI, David J. Gass, Miller, Johnson, Grand Rapids, MI, Francis R. Ortiz, Jennifer L. Newby, Dickinson Wright, Robert H. Ellis, Thomas M. Schehr, Dykema Gossett, Detroit, MI, for Defendants. OPINION AND ORDER GRANTING IN PART THE MOTIONS OF DEFENDANTS HOMECOMINGS FINANCIAL, LLC AND M & I BANK FSB TO DISMISS BERNARD A. FRIEDMAN, District Judge. This... Andy Thomas ANDERSON, Plaintiff, v. Sherri ANDREWS, et al., Defendants. , W.D.Mich., October 23, 2009 Andy Thomas Anderson, Alger (MSP), Munising, MI, pro se. OPINION GORDON J. QUIST, District Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which re... Antonio BRIDGES, Petitioner, v. Hugh WOLFENBARGER, Respondent. , E.D.Mich., October 23, 2009 Antonio Bridges, New Haven, MI, pro se. OPINION AND ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE BERNARD A. FRIEDMAN, District Judge. Petitioner Antonio Bridges, a state inmate currently incarcerated at the Earnest C. Brooks Correctional Facility in Muskegon Heights, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the constitutionality of his nocontest-plea conviction for assault with intent to ... Sherrod Darrel PIGEE, Petitioner, v. Dan QUIGLEY, Respondent. , E.D.Mich., October 23, 2009 Steven A. Finegood, Southfield, MI, for Petitioner. Raina I. Korbakis, Michigan Department of Attorney General, Lansing, MI, for Respondent. OPINION AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS and (2) DENYING CERTIFICATE OF APPEALABILITY BERNARD A. FRIEDMAN, District Judge. Petitioner Sherrod Darrel Pigee has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, who is incarcerated at the Baraga Maximum Correctional Facility in Baraga, Michig... Donald L. BARRETT, Plaintiff, v. DETROIT HEADING, LLC, a Michigan limited liability company, Defendant. , E.D.Mich., October 23, 2009 Joey S. Niskar, The Niskar Law Firm, PLLC, Bingham Farms, MI, for Plaintiff. Mark D. Filak, Timothy K. McConaghy, Hardy, Lewis, Birmingham, MI, for Defendant. OPINION AND ORDER LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION This matter is before the Court on Plaintiff's Motion to Amend Judgment to Include Attorney Fees and Costs on Appeal (Docket # 67). Defendant Detroit Heading, LLC ("Defendant") has responded, and Plaintiff has filed a reply. The Court finds that the facts and leg... UNITED STATES of America, Plaintiff, v. Dwayne Anthony CANNON, Defendant. , E.D.Mich., October 23, 2009 ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION BERNARD A. FRIEDMAN, District Judge. Defendant has filed a motion for reconsideration of the court's order denying his motion for a sentence reduction pursuant to 18 U.S .C. § 3582(c)(2). The government has filed a response opposing the motion. For the following reasons, the court shall deny the motion. In February 2005 defendant pled guilty as charged to Counts 1, 2 and 3 of the indictment charging him, respectively, with possession wit... Arfeen MUSTAFA, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., BAC Home Loans Servicing, GMAC Mortgage LLC and Federal National Mortgage Ass'n, Defendants. , E.D.Mich., October 23, 2009 Kassem M. Dakhlallah, Landis & Day, PLC, Plymouth, MI, for Plaintiff. OPINION AND ORDER GRANTING DEFENDANT FEDERAL NATIONAL MORTGAGE ASSOCIATION'S MOTION TO DISMISS BERNARD A. FRIEDMAN, District Judge. This matter is presently before the court on the motion of defendant Federal National Mortgage Association ("FNMA") to dismiss. Plaintiff has filed a response brief and defendant has filed a reply. Pursuant to E.D. Mich. LR 7.1(e)(2), the court shall decide this motion without oral argument. ... Robert RUMPZ, Plaintiff, v. AMERICAN DRILLING & TESTING, INC., a Michigan corporation, Defendant. , E.D.Mich., October 23, 2009 MEMORANDUM AND ORDER GRANTING IN PART AND STAYING IN PART DEFENDANT'S MOTION TO DISMISS AVERN COHN, District Judge. I. Introduction This is a Fair Labor Standards Act (FLSA) case under 29 U.S.C. § 201 et seq. with a pendant state law claim. Plaintiff Robert Rumpz (Rumpz) claims that American Drilling & Testing Inc. (American Drilling), his former employer, failed to properly compensate him for work performed since 1991. The complaint is in two counts: (I) Violation of the Fair Labor Standa... Charles WILSON, Petitioner, v. Hugh WOLFENBARGER, Respondent. , E.D.Mich., October 23, 2009 Charles Wilson, New Haven, MI, pro se. OPINION AND ORDER SUMMARILY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY BERNARD A. FRIEDMAN, District Judge. This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. § 2241. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the petition and any attached exhi... Norman DORISE, Plaintiff, v. Ella Bullea CUMMINGS, et al., Defendants. , E.D.Mich., October 23, 2009 Norman Dorise, Kincheloe, MI, pro se. John A. Schapka, Nellie J.L. Lee, Detroit City Law Department Detroit, MI, for Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (Dkt.26) MICHAEL HLUCHANIUK, United States Magistrate Judge. Plaintiff has filed a document with the Court entitled "motion for injunctive relief via appointment special master or an attorney for defendants disposition proceedings at prison facility for his due process procedural pro... Norman DORISE, Plaintiff, v. Ella Bullea CUMMINGS, et al., Defendants. , E.D.Mich., October 23, 2009 Norman Dorise, Kincheloe, MI, pro se. John A. Schapka, Nellie J.L. Lee, City of Detroit Law Department, Detroit, MI, for Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF EXPERT WITNESS (Dkt.32) MICHAEL HLUCHANIUK, United States Magistrate Judge. This matter is before the Court on plaintiff's motion for the appointment of an expert witness (Dkt.32). Plaintiff, an inmate currently at the Chippewa Correctional Facility, brings this action under 42 U.S.C. § 1983, claiming viol... Maurice NEAL, Plaintiff, v. Judith A. RADDATZ, K. Sheets, and K. Best, Defendants. , E.D.Mich., October 23, 2009 ORDER OF PARTIAL DISMISSAL AND DIRECTING SERVICE LAWRENCE P. ZATKOFF, District Judge. Plaintiff Maurice Neal has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff is currently incarcerated at the St. Louis Correctional Facility in St. Louis, Michigan. He is proceeding without prepayment of the filing fee in this action under 28 U.S.C. § 1915(a)(1). After careful consideration, the Court dismisses Plaintiff's claims as to Defendants Sheets and Best pursuant to 28 U.... Richard James SIMPSON, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, INC. et al., Defendants. , W.D.Mich., October 23, 2009 OPINION DENYING LEAVE TO PROCEED IN FORMA PAUPERIS--THREE STRIKES GORDON J. QUIST, District Judge. Plaintiff Richard James Simpson, a prisoner incarcerated at Muskegon Correctional Facility, filed a complaint pursuant to 42 U.S .C. § 1983. Plaintiff seeks leave to proceed in forma pauperis. Because Plaintiff has filed at least three lawsuits which were dismissed as frivolous, malicious or for failure to state a claim, he is barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g). T... Darryl McGORE, Plaintiff, v. MICHIGAN PAROLE BOARD et al., Defendants. , W.D.Mich., October 23, 2009 OPINION DENYING LEAVE TO PROCEED IN FORMA PAUPERIS--THREE STRIKES GORDON J. QUIST, District Judge. Plaintiff Darryl McGore, a prisoner incarcerated at Oaks Correctional Facility, filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. Plaintiff seeks leave to proceed in forma pauperis. Because Plaintiff has filed at least three lawsuits which were dismissed as frivolous, he is barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g). The Court will order Plaintiff to pay... James HUNDLEY, Jr., Plaintiff, v. BURDICK'S BAR & GRILL and Mike Mercer, Defendants. , W.D.Mich., October 23, 2009 OPINION GORDON J. QUIST, District Judge. Plaintiff, James Hundley, Jr. ("Hundley"), has filed a complaint against Defendants, Burdick's Bar & Grill ("Burdick's") and Mike Mercer, who is apparently employed by Burdick's. Hundley claims that Burdick's filed a false report against him for failing to pay for food he had ordered and that Mercer committed "retaliatory harassment." Hundley claims that as a result of Defendants' statements and acts, he was charged with defrauding an innkeeper in viol... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com