REPORT AND RECOMMENDATION TO GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [17] AND DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [15] DAVID R. GRAND , Magistrate Judge . Plaintiff Patrick Revord ("Revord") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying his applications for Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"). Both parties have filed summary...
REPORT AND RECOMMENDATION ON MOTION TO COMPEL ARBITRATION (Dkt. 2) STEPHANIE DAWKINS DAVIS , Magistrate Judge . I. PROCEDURAL HISTORY Plaintiff Kumiko Morioka filed suit against defendants Nissin Travel and Ichiro Sugimoto in Wayne County Circuit Court on July 3, 2018. (Dkt. 1, Exhibit 1). Defendant Nissin Travel Services (U.S.A.), Inc. 1 ("Nissan Travel") timely removed the case to the United States District Court for the Eastern District of Michigan on July 30, 2018 based on diversity...
REPORT AND RECOMMENDATION MOTION TO DISMISS (Dkt. 9) STEPHANIE DAWKINS DAVIS , Magistrate Judge . I. PROCEDURAL HISTORY Pro se plaintiff, Albert Thrower, filed a breach of contract complaint in state court against the Washington Post, TWP International LLC (collectively referred to herein as "Washington Post" or "the Post"), and individuals related to one or both entities. (Dkt. 1). Defendants removed this matter to federal court on June 8, 2018, based on diversity jurisdiction. (Dkt. 1)...
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DE 12), GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DE 14) and AFFIRM THE COMMISSIONER'S DECISION ANTHONY P. PATTI , Magistrate Judge . I. RECOMMENDATION: For the reasons that follow, it is RECOMMENDED that the Court DENY Plaintiff's motion for summary judgment (DE 12), GRANT Defendant's motion for summary judgment (DE 14), and AFFIRM the Commissioner's decision. II. REPORT Plaintiff, Rickey Mosley,...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff Bertha J. Brown seeks judicial review under 42 U.S.C. 405(g) of Defendant Commissioner of Social Security's determination that she is not entitled to benefits under the Social Security Act. (Docket no. 1.) Before the Court are Plaintiff's Motion for Summary Judgment (docket no. 15) and Defendant's Motion for Summary Judgment (docket no. 18). This matter has been referred to the undersigned for determination of all...
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS DAVID M. LAWSON , District Judge . Petitioner Berdella Strong can be characterized as an habitual criminal in every sense of the term. Her record includes 10 felonies and 14 misdemeanors. Her crime of choice is shoplifting; 17 of those prior convictions involved stealing merchandise from stores. But when she came before a circuit court judge in Oakland County, Michigan in February of 2013 after pleading guilty to first-degree...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND/OR COMPEL ARBITRATION (Doc. #19) VICTORIA A. ROBERTS , District Judge . I. INTRODUCTION At issue is whether Plaintiff Tina Spencer ("Spencer") can proceed in federal court on her claim: that Defendant XPO Logistics ("XPO") discriminated against her in violation of both the Age Discrimination in Employment Act ("ADEA") and Title VII of the Civil Rights Act of 1964, or whether Spencer must proceed to arbitration. For the reasons below, XPO's...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ORDER TERRENCE G. BERG , District Judge . This matter is before the Court on Magistrate Judge David R. Grand's November 21, 2018 Report and Recommendation (ECF No. 24) recommending that the Defendant Acting Commissioner of Social Security's Motion for Summary Judgment (ECF No. 14) be denied, and Plaintiff April Stimson's Motion for Summary Judgment (ECF No. 13) be granted in part to the...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS (ECF NO. 14) LINDA V. PARKER , District Judge . Defendant Jatavius L. Franklin ("Franklin") was indicted with one count of felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). (ECF No. 8.) Presently this matter is before the Court on Franklin's Motion to Suppress, filed August 21, 2018, which challenges the legality of the traffic stop. (ECF No. 14.) The motion has been fully briefed, (ECF Nos. 14, 16, 18), and...
OPINION AND ORDER DENYING PETITIONER'S SECOND MOTION FOR RECONSIDERATION (ECF NO. 797) OF THE NOVEMBER 13, 2018 OPINION AND ORDER (ECF NO. 789) LINDA V. PARKER , District Judge . Petitioner Isaac Denel Meeks ("Petitioner") was convicted on November 15, 2011 of one count of conspiracy to distribute and possess with intent to distribute a controlled substance in violation of 21 U.S.C. 846 & 841(a)(1), one count of possession with intent to distribute heroin in violation of 21 U.S.C....
ORDER: (1) OVERRULING PLAINTIFF'S OBJECTIONS [ECF No. 14]; (2) ADOPTING REPORT AND RECOMMENDATION [ECF No. 13]; (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [ECF No. 10]; and (4) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [ECF No. 12] VICTORIA A. ROBERTS , District Judge . On August 15, 2018, Magistrate Judge Mona K. Majzoub issued a Report and Recommendation ("R&R") recommending that the Court DENY Plaintiff's Motion for Summary Judgment and GRANT Defendant's Motion for...
ORDER ADOPTING REPORT AND RECOMMENDATION [ECF No. 74] VICTORIA A. ROBERTS , District Judge . On November 13, 2018, Magistrate Judge Anthony P. Patti issued a Report and Recommendation recommending that Plaintiff's Motion for Preliminary Injunction [ECF No. 61] be DENIED. No party filed objections within the fourteen day period pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. 636(b)(1). Accordingly, the Court ADOPTS the Report and Recommendation and DENIES Plaintiff's Motion for...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT JUDGMENT [213] AND MOTION FOR SENTENCE REDUCTION [217] LAURIE J. MICHELSON , District Judge . During the criminal trial of Seneca Barnes, a number of her co-conspirators testified to her role in a scheme to cash counterfeit payroll checks. Many of the checks were admitted as exhibits, as were other bank records, surveillance videos, rental car and hotel records, and statements given to police further...
MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION TO TRANSFER OR STRIKE (Doc. 14) 1 AVERN COHN , District Judge . I. Introduction This is a case under the Telephone Consumer Protection Act (TCPA) involving "junk faxes." Plaintiff P. Steven Wainess, DDS (Wainess) is suing defendant Smilemakers 2 alleging that it received two unsolicited faxes which did not comply with the TCPA. Wainess also seeks class action status. 3 Before the Court is Smilemakers' motion to transfer or to strike the...
OPINION AND ORDER GRANTING SECRETARY OF STATE RUTH JOHNSON'S MOTION TO DISMISS Sean F. Cox , United States District Judge . A distributer of anti-drunk-driving devices sued its manufacturer, the Michigan Department of State, and Michigan Secretary of State Ruth Johnson, in both her official and individual capacities. The Secretary has moved to dismiss all claims, asserting sovereign and qualified immunity and arguing that Plaintiffs lack standing. 1 For the reasons below, the Court will...
OPINION & ORDER GRANTING IN PART AND DENYING DEFENDANT'S MOTION TO EXCLUDE TESTIMONY OR OTHER EVIDENCE BY CO-EMPLOYEE NON-DECISION MAKERS (Dkt. 58) MARK A. GOLDSMITH , District Judge . This matter is before the Court on Defendant Samsung SDIA America's ("SDIA") motion to exclude testimony or other evidence by co-employee non-decision makers (Dkt. 58). The issues have been fully briefed, and the issues can be resolved without the aid of oral argument. See E.D. Mich. LR 7.1(f)(2); Fed. R....
ORDER GRANTING DEFENDANT AMERICAN WOODMARK'S MOTION FOR SUMMARY JUDGMENT (Doc. #48) VICTORIA A. ROBERTS , District Judge . I. INTRODUCTION On May 4, 2017, Garner Properties & Management, LLC ("Garner"), individually and as a representative of similarly-situated persons, filed suit against Defendants Marblecast of Michigan, Inc. ("Marblecast") and American Woodmark Corporation ("American Woodmark"). Garner says Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. 227 ("...
AGREED MUTUAL PROTECTIVE ORDER MATTHEW F. LEITMAN , District Judge . It is hereby stipulated and agreed, by and between Plaintiff and Defendant PNC Bank, NA as follows: BACKGROUND A. Documents and information have been and may be sought, produced or exhibited by and among the parties to this action relating to trade secrets, confidential research, development, technology, business, financial, commercial, and other proprietary information belonging to the Defendants and/or personal...
ORDER REGARDING COMPETENCY AND SETTING DATES MATTHEW F. LEITMAN , District Judge . This matter having come before the Court for a competency hearing following entry of an order for a competency evaluation. (R. 194). Defendant was evaluated at the Federal Medical Center-Carswell in Fort Worth, Texas. In a report dated November 1, 2018, the medical personnel at the Federal Medical Center concluded that defendant "has adequate competency-related understanding and abilities" and "she does not...
ORDER DENYING IN PART DEFENDANT'S MOTIONS FOR PROTECTIVE ORDER (DE 46) and TO STRIKE (DE 55) and DIRECTING THE CLERK OF THE COURT TO UNSEAL EXHIBIT D (DE 53-5) ANTHONY P. PATTI , Magistrate Judge . This matter is before the Court for consideration of: (1) Defendant's November 8, 2016 motion for a protective order (DE 46), regarding which Plaintiff filed a response and Defendant filed a reply (DEs 53, 54); and, (2) Defendant's November 28, 2018 motion to strike Exhibit D of Plaintiff's...
