OPINION & ORDER ON JOINT MOTION FOR RELIEF FROM JUDGMENT FILED BY THE CITY OF DETROIT AND THE DETROIT WATER AND SEWERAGE DEPARTMENT SEAN F. COX , District Judge . In 1977, the United States Environmental Protection Agency initiated this case against the City of Detroit ("the City") and the Detroit Water and Sewerage Department ("DWSD"), alleging violations of the Clean Water Act, 33 U.S.C. 1251 et seq. The violations alleged in this case, which are undisputed, involve the DWSD's...
REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION TO DISMISS [23] AND TO DENY AS MOOT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [17] DAVID R. GRAND , Magistrate Judge . I. REPORT A. Background On June 30, 2015, Plaintiff Zachary Taylor ("Taylor") filed his pro se civil rights complaint against Defendants Randall Haas, George Stephenson, Darrell Steward, and Regina Jenkins-Grant (collectively the "MDOC Defendants"). (Doc. #1). This case has been referred to the undersigned for all...
EX PARTE MOTION FOR EXPERT SERVICES TO ASSIST IN THE PREPARATION OF DEFENDANT ADELFO PAMATMAT'S SENTENCING HEARING ROBERT H. CLELAND , District Judge . NOW COMES the Defendant, ADELFO PAMATMAT, by and through his attorney, PATRICIA A. MACERONI, and moves this Honorable Court for an Order authorizing payment for expert services to assist in the preparation of his sentencing hearing. In support thereof, Mr. Pamatmat states: 1. That Mr. Pamatmat stands before this Court convicted by a...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 16) PATRICIA T. MORRIS , Magistrate Judge . I. RECOMMENDATION For the reasons set forth below, IT IS RECOMMENDED that Defendant's motion for summary judgment (Doc. 16) be GRANTED and that Plaintiffs' complaint (Doc. 1) be DISMISSED. II. REPORT A. Introduction This mortgage foreclosure action was originally filed in the Crawford County Circuit Court, State of Michigan; the case...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 23, 2015, and plead guilty to count one of the information. In open court, I...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 22, 2015, and plead guilty to count one of the information. In open court, I...
REPORT AND RECOMMENDATION TO GRANT DEFENDANT ANGELA VETTRAINO'S MOTION FOR SUMMARY JUDGMENT [61] DAVID R. GRAND , Magistrate Judge . Before the Court is the Motion for Summary Judgment filed on August 4, 2015, by Defendant Angela Vettraino ("Vettraino"), an employee of the Michigan Department of Corrections ("MDOC"). (Doc. #61). Plaintiff Morris Weatherspoon ("Weatherspoon"), an incarcerated person, filed a response 1 to Vettraino's motion (Doc. #76), and no reply was filed. An Order of...
REPORT AND RECOMMENDATION TO GRANT DEFENDANTS SETERUS, INC., AND FEDERAL NATIONAL MORTGAGE ASSOCIATION'S MOTION TO DISMISS [4] AND TO DISMISS THE COMPLAINT AGAINST ALL DEFENDANTS DAVID R. GRAND , Magistrate Judge . On April 14, 2015, plaintiff, Gregory Grimm ("Grimm") filed a complaint in the Oakland County Circuit Court against defendants Seterus, Inc. "(Seterus"), Chase Home Finance, LLC ("Chase"), and Federal National Mortgage Association ("Fannie Mae"). (Doc. #1, Ex. A). In short,...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff Thomas Rodney Murphy commenced this action in the Wayne County Circuit Court against Defendant Nationstar Mortgage, LLC on March 3, 2015. (Docket no. 1-2.) In his Complaint, Plaintiff challenges foreclosure proceedings related to real property located at 18461 Keystone Street in Detroit, Michigan. ( See id. ) The case was removed to this Court on April 1, 2015. (Docket no. 1.) Before the Court is Defendant's Motion...
RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DE 18) AND TO DENY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DE 21) ANTHONY P. PATTI , Magistrate Judge . I. RECOMMENDATION: For the reasons that follow, it is RECOMMENDED that the Court GRANT Plaintiff's motion for summary judgment, DENY Defendant's motion for summary judgment, REVERSE the Commissioner's decision, and REMAND this case to the Commissioner and the ALJ under Sentence Four of 405(g) for further...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 15, 2015, and plead guilty to count two of the indictment. In open court, I...
REPORT AND RECOMMENDATION R. STEVEN WHALEN , Magistrate Judge . Plaintiff Jaleeza D. Parham ("Plaintiff") brings this action under 42 U.S.C. 405(g), challenging a final decision of Defendant Commissioner denying her application for Supplemental Security Income ("SSI") under the Social Security Act. The parties have filed cross motions for summary judgment which have been referred for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). For the reasons set forth below, I...
OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE OF APPEALABILITY, AND GRANTING PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS DENISE PAGE HOOD , District Judge . This is a habeas case filed under 28 U.S.C. 2254. Petitioner Lorenzo Anthony, a Michigan state inmate currently incarcerated at the Alger Correctional Facility in Munising, Michigan, filed this pro se Habeas Petition, challenging his convictions for three counts of first-degree...
ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT [17] NANCY G. EDMUNDS , District Judge . Plaintiff Domino's Pizza Franchising, LLC, filed its complaint on September 18, 2015, alleging three counts of breach of contract pursuant to a franchise agreement. The clerk entered defaults against Defendants VTM Pizza, Inc., and Terrence M. Williams on October 28, 2015. (Dkt. nos. 11, 12.) On November 30, 2015, Plaintiff filed a motion for default judgment (dkt. no. 17) against Defendants,...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (Dkt. 15) MARK A. GOLDSMITH , United States District Judge . I. INTRODUCTION This matter is before the Court on Defendants' motion to dismiss or, in the alter-native, to transfer this case to the U.S. District Court for the District of Columbia (Dkt. 15). For the reasons explained fully below, the Court grants Defendants' motion to dismiss, because Plaintiff Quicken Loans Inc. has failed to state a claim either under the...
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY DENISE PAGE HOOD , District Judge . Michigan state prisoner John Sims has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner, who is presently incarcerated at the G. Robert Cotton Correctional Facility, in Jackson, Michigan, challenges his convictions for two counts of first-degree murder, assault with intent to murder, possession of a firearm...
ORDER GRANTING DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT (Docket No. 32) DENISE PAGE HOOD , District Judge . I. INTRODUCTION Defendants filed a Renewed Motion for Summary Judgment [Doc. No. 32]. The motion is fully briefed and for the reasons below, the Court GRANTS Defendants' Motion. II. BACKGROUND On January 18, 2013, Decedent Ronald Black ("Black") attended a social gathering at a friend's house located at 322 Labelle in Highland Park. [Compl. 10]. At approximately 11:40 p....
CONSENT JUDGMENT MATTHEW F. LEITMAN , District Judge . This Consent Judgment is entered into by and between the United States of America, Plaintiff, and Defendants, Hassan Jawad and Monroe Mobil, Inc., the parties to the Consent Judgment, by and through their respective, undersigned counsel. WHEREAS, on May 28, 2015, the United States filed its Amended Complaint (Docket No. 4) in this case against Hassan Jawad, individually, and Monroe Mobil, Inc. ("Defendants"), to obtain a judgment...
ORDER GRANTING PLAINTIFF'S MOTION AND AMENDED MOTIONS TO COMPEL (DE 33, 35, 40, 42, 46, and 52) AND EXTENDING PLAINTIFF'S DEADLINE FOR RESPONDING TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DE 48) ANTHONY P. PATTI , Magistrate Judge . I. The Instant Motions On October 19, 2015, Plaintiff filed a motion to dismiss or, in the alternative, for all requested discovery. (DE 33.) She filed amended versions of that motion on October 30, 2015 (DE 35), November 6, 2015 (DE 40), November 25, 2015 (...
OPINION AND ORDER (1) SEVERING DOE DEFENDANTS 2-10; (2) DISMISSING WITHOUT PREJUDICE PLAINTIFF'S CLAIMS AGAINST DOE DEFENDANTS 2-10; AND (3) GRANTING IN PART PLAINTIFF'S MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS AS TO DOE DEFENDANT 1 (ECF NO. 2) PAUL D. BORMAN , District Judge . On September 9, 2015, Plaintiff Clear Skies Nevada, LLC filed an action against ten Doe Defendants, identified only by their subscriber Internet Protocol addresses ("IP addresses"), alleging that these Doe...
