REPORT AND RECOMMENDATION TO GRANT AS UNOPPOSED DEFENDANT MICHIGAN STATE POLICE'S MOTION TO DISMISS (ECF No. 15) PLAINTIFF'S COMPLAINT (ECF No. 1) ANTHONY P. PATTI , Magistrate Judge . I. RECOMMENDATION: The Court should GRANT AS UNOPPOSED Defendant Michigan State Police's October 2, 2019 motion (ECF No. 15) to dismiss Plaintiff's complaint (ECF No. 1). II. REPORT: A. Background Plaintiff Theodore J. Visner is currently incarcerated at Parnall Correctional Facility (SMT) in Jackson,...
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 17, 2019, and plead guilty to count three of the second superseding indictment. In...
REPORT AND RECOMMENDATION R. STEVEN WHALEN , Magistrate Judge . Plaintiff Holly Stec ("Plaintiff") brings this action under 42 U.S.C. 405(g) challenging a final decision of Defendant Commissioner denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act. Both parties have filed summary judgment motions which have been referred for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). For the...
ORDER DENYING DEFENDANT GARRETT'S MOTION TO STRIKE AMENDED COMPLAINT (ECF NO. 25) and REPORT AND RECOMMENDATION TO DENY AS MOOT WITHOUT PREJUDICE DEFENDANT GARRETT'S MOTION TO DISMISS (ECF NO. 19) AND CORRECTED MOTION TO DISMISS (ECF NO. 20) DAVID R. GRAND , Magistrate Judge . I. REPORT On September 3, 2019, Plaintiffs, "The Indigenous American People Inhabiting the County of Wayne, Michigan" ("IAP"), filed a "Petition" in this case, along with a motion for temporary restraining...
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 9, 2019, and plead guilty to count two 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 20, 2019, and plead guilty to count one of the indictment. In open court, I...
ORDER R. STEVEN WHALEN , Magistrate Judge . On August 12, 2019, Plaintiff Geaniece D. Carter filed a pro se civil complaint [ECF No. 1]. Before the Court is her motion to file a second amended complaint [ECF No. 36]. Plaintiff filed first amended complaint on September 23, 2019 [ECF No. 13]. On December 11, 2019, Judge Borman, adopting my Report and Recommendation, dismissed the Defendants' motion to dismiss the original complaint (which was superseded by the first amended complaint) as...
ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS TO REPORT AND RECOMMENDATION TERRENCE G. BERG , District Judge . Plaintiff Theodore McClain filed this lawsuit alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., and Michigan Regulation of Collection Practices Act, Mich. Comp. Laws 445.252(e) et seq., by Defendants Dalen Patrick Hanna, an attorney, and his law firm, identified as Hanna PLLC, and Hanna LLP. Specifically, McClain...
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE TERRENCE G. BERG , District Judge . Krystal Pena filed this action pursuant to 42 U.S.C. 405(g) appealing the Social Security Administration's denial of her applications for disability insurance benefits and supplemental security income under the Social Security Act. The parties each filed motions for summary judgment. Pena requests that this case be remanded to the Social Security Administration for further...
ORDER REGARDING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND SETTING AN EVIDENTIARY HEARING TO DETERMINE DAMAGES [ECF No. 138] VICTORIA A. ROBERTS , District Judge . I. INTRODUCTION Before the Court is Plaintiff Howard Pittman's Motion for Default Judgment as to iServe Servicing, Inc. Pittman seeks to collect damages arising from iServe's alleged violation of the Fair Credit Reporting Act, ("FCRA") 15 U.S.C. 1681 et seq. Pittman is entitled to a default judgment. However, because the...
OPINION AND ORDER APPROVING SETTLEMENT AGREEMENT [16] JUDITH E. LEVY , District Judge . Plaintiff filed this suit on October 29, 2018, alleging that Defendants violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq, by improperly deducting eight-hour sleeping periods from Plaintiff's twenty-four-hour shifts. (ECF No. 1.) Plaintiff seeks recovery of unpaid minimum wage and overtime compensation. Id. On December 11, 2019, the parties filed a joint Motion for Approval of...
OPINION AND ORDER REGARDING MOTIONS IN LIMINE SEAN F. COX , District Judge . This trademark infringement case will proceed to a bench trial. Plaintiffs have filed two motions in limine, (ECF Nos. 120, 121), and Defendants have filed six motions in limine. (ECF No. 123). 1 For the reasons below, the Court will (1) grant Plaintiffs' motion to preclude Defendants from calling Plaintiffs' counsel to testify at trial; (2) deny without prejudice Plaintiffs' motion to preclude...
ORDER ADOPTING REPORT & RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER THOMAS L. LUDINGTON , District Judge . Plaintiff applied for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") on August 28, 2015, alleging he became disabled on August 10, 2015. (ECF No. 8, PageID.381, 388.) The Commissioner denied the claims. ( Id., PageID.199-200.)...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) (ECF NO. 15) PAUL D. BORMAN , UNITED STATES DISTRICT JUDGE . In this action, Plaintiff Andre L. Clark asserts claims against his former employer, Ford Motor Company ("Ford"), and the Ford Motor Company General Retirement Plan ("the Plan"), under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq., for wrongful denial of benefits,...
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, DENYING THE MOTIONS FOR SUMMARY JUDGMENT AND THE NOTICE RE: WARNING PERSISTENT FAILURE TO PERFORM JUDICIAL DUTIES, AND GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS MARK A. GOLDSMITH , District Judge . Travis Santell Longmire, ("Petitioner"), confined at the Alger Correctional Facility in Munising, Michigan, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C....
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT (ECF Nos. 11, 13) PATRICIA T. MORRIS , Magistrate Judge . I. RECOMMENDATION Plaintiff Karim Issac challenges Defendant Commissioner of Social Security's final decision denying his claims for Title II Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). The case was referred to me for review. (ECF No. 5); see 28 U.S.C. 636(b)(1)(B); E.D. Mich. LR 72.1(b)(3). For the reasons...
OPINION AND ORDER DENYING PETITIONER'S MOTION TO CORRECT, SET ASIDE AND/OR VACATE CONVICTION OR SENTENCE PURSUANT TO 28 U.S.C. 2255(f)(3) [22, 26, 29] NANCY G. EDMUNDS , District Judge . Before the Court is Petitioner Alan Sain's motion to vacate, set aside or correct sentence under 28 U.S.C. 2255, motion to amend, and reply to Government's response. (ECF nos. 22, 26, 29.) The Court has jurisdiction over this motion pursuant to 28 U.S.C. 2255, based on Petitioner's negotiated Rule 11...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT H. CLELAND , District Judge . This matter is before the court on cross motions for summary judgment. The case was referred to United States Magistrate Stephanie Dawkins Davis pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on November 22, 2019 recommending that this court deny plaintiff's motion for summary judgment, and grant defendant's motion for summary judgment. No...
AMENDED ORDER 1 DENYING PLAINTIFF'S MOTION TO PRECLUDE TESTIMONY OF EXPERTS AND LAY WITNESSES [#206] DENISE PAGE HOOD , Chief District Judge . I. BACKGROUND This case involves the events that occurred between Defendants and Plaintiff Eduardo Jacobs ("Plaintiff") during the raid at his residence located at 5837 Christiancy Street, Detroit, MI on January 3, 2014. The parties dispute many of the events leading up to Plaintiff's injury. However, it is undisputed that Plaintiff was shot at...
ORDER STRIKING PLAINTIFF'S MOTIONS [#264] [#265] [#266] [#267] [#268] [#269] DENISE PAGE HOOD , Chief District Judge . This matter is now before the Court on Plaintiff Eduardo Jacob's ("Plaintiff") various post-judgment motions. Following the jury's verdict in favor of Defendants Raymon Alam, Damon Kimbrough, and Dave Weinman, Plaintiff filed six motions concerning alleged witness intimidation, juror tampering, and other issues with the Court. The Court declines to discuss these motions...
