OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PAUL L. MALONEY, Chief Judge. Defendant Wal-Mart Stores filed a motion to dismiss, contending that Michigan does not recognize the cause of action in the complaint. (ECF No. 6.) Plaintiff Berrington ("Berrington") filed suit in Ninth Circuit Court in Kalamazoo County, Michigan. Berrington alleges a single claim, a violation of public policy for failing to rehire him for an impermissible reason. Defendant Wal-Mart Stores ("Wal-Mart")...
OPINION GORDON J. QUIST, District Judge. Plaintiffs, five individuals with prior criminal sexual conduct ("CSC") convictions, who are either currently homeless or have been so in the past, and two non-profit, charitable organizations that operate overnight shelters for homeless persons in Grand Rapids, Michigan, seek declaratory and injunctive relief concerning application of the residency restrictions of Michigan's Sex Offender Registration Act ("SORA" or the "Act"), M.C.L.A. 28.721, et...
OPINION JANET T. NEFF, District Judge. Defendant Raogo Ouedraogo and his co-defendant Rami Saba were charged in a twelve-count Third Superseding Indictment with conspiracy to commit bank fraud, conspiracy to commit interstate murder-for-hire, conspiracy to commit kidnapping, kidnapping resulting in death, four counts of attempted financial institution fraud (bank fraud) and four counts of aggravated identity theft, related to the disappearance and presumed death of Donald Dietz — a retired,...
OPINION ELLEN S. CARMODY, United States Magistrate Judge. This matter is before the Court on Plaintiff's Motion for Summary Judgment. (Dkt. # 64-65). The parties consented to proceed before me for all further proceedings, including the trial and an order of final judgment. 28 U.S.C. 636(c)(1). By Order of Reference, the Honorable Janet T. Neff referred this case to me. (Dkt. # 31). As articulated herein, the Court grants Plaintiff's motion. BACKGROUND The parties do not dispute the...
MEMORANDUM R. ALLAN EDGAR, District Judge. Plaintiff Erik Wayne Johnson filed this pro se lawsuit against defendants Trott & Trott, P.C. ("Trott & Trott") and Trott & Trott employee Katie Dimitriou (collectively, "Defendants"). The suit arises out of foreclosure proceedings on real property owned by Plaintiff. Defendants are a law firm who instituted the nonjudicial foreclosure on behalf of their client. Plaintiff brought this suit, alleging Fair Debt Collections Practices Act violations...
OPINION GORDON J. QUIST, District Judge. I. BACKGROUND This case is the latest chapter in the parties' battle for sales over wash fluid containment systems. Plaintiff, Petter Investments, Inc. ("Petter"), and Defendants, Hydro Engineering, Inc. and Hydro Engineering Equipment & Supply Co. (collectively "Hydro"), are competitors in the design, manufacture, installation, and sale of wash fluid containment systems for pressure washing large vehicles such as automobiles, bulldozers, and semi-...
OPINION ELLEN S. CARMODY, United States Magistrate Judge. This matter is before the Court on Timber Products Inspection, Inc's Motion for Summary Judgment, (dkt. # 44), and Defendants' Motion for Summary Judgment, (dkt. # 46). On August 13, 2010, the parties consented to proceed in this Court for all further proceedings, including trial and an order of final judgment. See 28 U.S.C. 636(c)(1). By Order of Reference, the Honorable Janet T. Neff referred this case to the undersigned. (...
OPINION JANET T. NEFF, District Judge. Plaintiff, an African-American, filed this action alleging violations of his civil rights under Title VI, 42 U.S.C. 2000d, stemming from discrimination and retaliation he allegedly suffered while employed as an Associate Professor of Logistics in the Supply Chain Management Department at Michigan State University (MSU) (Pl. Compl., Dkt. 1). 1 The First Amended Complaint, filed March 12, 2010, alleges three violations of 42 U.S.C. 2000d: Count 1,...
OPINION GORDON J. QUIST, District Judge. Plaintiff, Janice Hiser ("Hiser"), has sued her employer, Grand Ledge Public Schools ("GLPS"), alleging claims of sex discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e, et seq., and the Michigan Elliott-Larsen Civil Rights Act ("Elliott-Larsen Act"), M.C.L. 37.2101, et seq., and age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621, et seq.,...
OPINION ROBERT HOLMES BELL, District Judge. This insurance coverage dispute is before the Court on cross-motions for summary judgment filed by Plaintiff Michigan Millers Mutual Insurance Company ("Michigan Millers") and Defendant Fidelity and Deposit Company of Maryland ("F & D"). (Dkt. Nos. 170, 171). Defendant F & D has also filed an alternate motion for partial summary judgment. (Dkt. No. 158.) For the reasons that follow, the Court will grant Michigan Millers' motion for summary...
OPINION AND ORDER ROBERT J. JONKER, District Judge. Plaintiff Joseph Casias used to work as an at-will employee for a Wal-Mart store in Battle Creek, Michigan. The company fired him under its drug use policy after he tested positive for marijuana. Mr. Casias sued Wal-Mart Stores East, L.P. 1 in state court for wrongful discharge, claiming that Wal-Mart's application of its drug use policy to him violated the Michigan Medical Marihuana Act ("MMMA"). 2 Plaintiff joined Troy Estill, the...
OPINION ROBERT HOLMES BELL, District Judge. In this action, Plaintiff Lamar OCI North Corporation challenges the City of Walker's failure to grant its applications for digital or electronic billboards. This matter is before the Court on Defendant City of Walker's motion to dismiss or for summary judgment. (Dkt. No. 21.) For the reasons that follow, the motion will be granted in part and taken under advisement in part. I. Plaintiff Lamar owns two billboards in the City of Walker along...
OPINION ROBERT HOLMES BELL, District Judge. Plaintiff Cassindra Vise filed this action against her former employer, Defendant Graphic Packaging, alleging that she was unlawfully terminated from her employment in retaliation for filing a workers disability compensation claim. This matter is currently before the Court on Defendant's motion for summary judgment. (Dkt. No. 29.) For the reasons that follow, Defendant's motion will be granted. I. Defendant Graphic Packaging (the "Company") is a...
OPINION GORDON J. QUIST, District Judge. The question in this case is whether a Michigan statute designed to protect the State and Michigan beverage retailers and distributors from fraud, M.C.L. 445.572a(10), is unconstitutional because it violates the dormant Commerce Clause. For the reasons stated below, the undersigned holds that the statute does not, on its face, violate this clause because it is neither discriminatory nor extraterritorial. This leaves open the issue of whether the...
OPINION ROBERT HOLMES BELL, District Judge. This matter comes before the Court on Jimmy Ray Short'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 one count of possession with intent to distribute fifty grams or more of a mixture or substance containing methamphetamine in violation of 21 U.S.C. 841(a) on April 2, 2008. (1:08-CR-95, Dkt. No. 1). Movant waived his right to be prosecuted by indictment and...
OPINION ROBERT HOLMES BELL, District Judge. This case is before the Court on Defendants' motion to dismiss Plaintiffs' first amended complaint. Defendants move that the entire first amended complaint be dismissed for failure to meet minimal pleadings standards, and alternatively that Counts II, IV, VI, and VII of the first amended complaint be dismissed for failure to state a claim upon which relief may be granted. For the reasons that follow, Defendants' motion will be granted in part and...
OPINION ROBERT J. JONKER, District Judge. Appellant FIA Card Services, N.A.'s ("FIA") appeals two related decisions of the United States Bankruptcy Court from the Western District of Michigan (Bankruptcy Case No. 09-04644 and Adversary Proceeding 09-80323). Neither party has requested oral argument. The Court has thoroughly reviewed the record and carefully considered the applicable law. For the reasons described in this Opinion, the Court affirms the Bankruptcy Court decisions....
OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on a second motion for summary judgment filed by Defendant/Counter-Plaintiff/Third-Party Plaintiff Federated Mutual Insurance Company ("Federated"). 1 (Dkt. No. 47.) Federated contends that it is entitled to summary judgment because Robert L. Anderson has no authority to sue on behalf of Coopersville Motors, Inc. ("CMI"), and, additionally, because no coverage is owed under the Federated policy of insurance issued...
OPINION ROBERT J. JONKER, District Judge. This matter is before the Court on Plaintiff National Labor Relations Board's ("NLRB" or the "Board") Petition for Injunction Under Section 10(j) of the National Labor Relations Act (docket # 1). The Court has heard oral argument on the petition and received further briefing in light of the oral argument (docket ## 40, 41, 42). The Court has thoroughly reviewed the record and carefully considered the applicable law. The petition is ready for decision....
OPINION JANET T. NEFF, District Judge. Close legal decision-making by trial judges almost always involves balancing competing interests. This is nowhere more true than in a complex criminal case involving the loss of human life. Achieving balance to preserve the rights of the accused, to protect the public and to serve justice is the challenge that drives the criminal justice system. Without the proper balance, the scales of justice are nothing more than a meaningless symbol. This case has...
