OPINION GORDON J. QUIST, District Judge. Plaintiffs, the Michigan Catholic Conference (MCC) and Catholic Family Services, d/b/a Catholic Charities Diocese of Kalamazoo (Catholic Charities), have sued Defendants, the Department of Health and Human Services and its Secretary, Kathleen Sebelius, the Department of Labor and its Secretary, Jacob J. Lew, and the Department of Treasury. Plaintiffs seek to enjoin Defendants from enforcing provisions of the Patient Protection and Affordable Care Act (...
CORRECTED OPINION and ORDER ROBERT J. JONKER, District Judge. This matter is before the Court on Plaintiff Charles Huizinga's motion for attorney's fees (docket #218) and Defendants Genzink Steel Supply and Welding Co. and Ken Genzink's (collectively "Defendants") motion for attorney's fees (docket # 220). Huizinga requests $171,748.45 1 in attorney's fees and $7,918.13 in costs. Defendants seek $332,607 in attorney's fees. I. Background On March 4, 2010, Huizinga filed a four-count...
OPINION ROBERT J. JONKER, District Judge. Plaintiff, Ashima James, brings this action for long-term disability benefits against Defendants Liberty Life Assurance Company of Boston ("Liberty") and DTE Energy Company Welfare Benefit Plan under 29 U.S.C. 1132(a)(1)(B), a civil enforcement provision of the Employee Retirement Income Security Act ("ERISA"). Liberty has filed a motion for judgment on the record (docket # 25). For the reasons set forth below, the Court will grant James long-term...
OPINION TIMOTHY P. GREELEY, Magistrate Judge. On May 21, 2013, the Honorable Robert Holmes Bell, United States District Judge, referred to the undersigned Defendants' Motion to Enforce Settlement Agreement (Docket #100). A hearing was held on June 6, 2013. Following that hearing, the parties and the undersigned engaged in extensive and protracted settlement discussions. The parties were very well represented by counsel and through the efforts of those parties, a settlement agreement has been...
OPINION AND ORDER ROBERT J. JONKER, District Judge. Georgia Pacific ("GP") claims that NCR Corporation ("NCR"), International Paper Company ("IP"), and Weyerhaeuser Company ("Weyerhaeuser") are liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., for the costs of investigating and cleaning up polychlorinated biphenyl ("PCB") contamination at the Kalamazoo River Superfund Site ("the Site"). Weyerhaeuser has...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief District Judge. The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ellen S. Carmody in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (ECF No. 18) is approved and adopted as the opinion of the Court....
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on August 27, 2013, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Fidel Coronado-Moreno entered a plea of guilty to the Superseding Felony Information charging defendant with being present in the United States without permission of the Attorney General after having...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief District Judge. The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ellen S. Carmody in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (ECF No. 23) is approved and adopted as the opinion of the Court....
REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on August 27, 2013, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Leon Haywood Berry entered a plea of guilty to Count 1 of the Indictment charging defendant with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). On the basis of the...
OPINION ROBERT HOLMES BELL, District Judge. This is a prisoner civil rights and medical malpractice case brought pursuant to 42 U.S.C. 1983 and Michigan common law. This matter is before the Court on Defendants Prison Health Services (PHS), Bomber, and Edelman's Motion for Summary Judgment (Dkt. No. 118) and Defendants Freytag, Shilling, Pope, and Kihm's concurrent Motion for Summary Judgment (Dkt. No. 130). Plaintiff has filed Responses to each Motion (Dkt. Nos. 137 and 139, respectively)...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF, District Judge. The Court has reviewed the Report and Recommendation filed August 22, 2013 by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (Dkt 21) is APPROVED and ADOPTED as the opinion of the Court. 2....
REPORT AND RECOMMENDATION JOSEPH G. SCOVILLE, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on August 22, 2013, after receiving the written consent of defendant and all counsel. At the hearing, defendant Nicholas S. Kissinger entered a plea of guilty to count 3 of the Indictment charging him with possession of child pornography, in violation of 18 U.S.C. 2252A(a)(5)(B), in exchange for the undertakings made by the government in the...
ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. JONKER, District Judge. On August 19, 2013, Magistrate Judge Hugh W. Brenneman, Jr., issued a Report and Recommendation (docket #65) recommending that this Court grant Defendants' Motion for Summary Judgment (docket #44). Plaintiff, James Blau, has filed a timely Objection (docket # 66). When a party objects to a magistrate judge's report and recommendation, the "district judge must determine de novo any part of the magistrate judge's...
REPORT AND RECOMMENDATION HUGH W. BRENNEMAN, Jr., Magistrate Judge. This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. 1983. This matter is now before the court on a motion for summary judgment filed by defendants Prison Health Services, Inc. (PHS) 1 , Dr. Syed Sohail, Dr. Bhamini Sudhir, Dr. Brian Burns, Ryan Ingraham, NP, and Jolane Conklin, NP (docket no. 44). I. Plaintiff's Amended Complaint A. Allegations In his amended complaint, plaintiff alleged that...
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION R. ALLAN EDGAR, 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, and no objections have been filed thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and recommendation of the Magistrate filed 8/16/13 #318, is approved and adopted as the Opinion and Findings of...
REPORT AND RECOMMENDATION TIMOTHY P. GREELEY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on August 16, 2013, after receiving the written consent of defendant and all counsel. At the hearing, defendant ROBIN GINE VOELKER entered a plea of guilty to the one count Third Superseding Felony Information, charging defendant with Conspiracy to Distribute and Possess with Intent to Distribute Cocaine Base, in violation of 21 U.S.C. 846...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief District Judge. The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Joseph G. Scoville in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (ECF No. 18) is approved and adopted as the opinion of the Court....
REPORT AND RECOMMENDATION JOSEPH G. SCOVILLE, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on August 23, 2013, after receiving the written consent of defendant and all counsel. At the hearing, defendant Kelvin Lash entered a plea of guilty to counts 1 and 2 of the Indictment charging him with being a felon in possession of a firearm (count 1), in violation of 18 U.S.C. 922(g)(1), 924(a)(2), and possession with intent to distribute...
ORDER APPROVING REPORT AND RECOMMENDATION JANET T. NEFF, District Judge. This is a civil action. Plaintiff 1 filed a Motion for Entry of Default Judgment (Dkt 30). The motion was referred to the Magistrate Judge, who issued a Report and Recommendation on August 19, 2013, recommending that the motion be denied without prejudice (Dkt 36). The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. 636(b)(1). Therefore, IT IS HEREBY ORDERED...
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY, Chief District Judge. Before this court is a Report and Recommendation issued by Magistrate Judge Brenneman (ECF No. 19) recommending that the court affirm the Commissioner of Social Security's decision to deny Willie L. Jacob's claim for disability insurance benefits. Plaintiff Jacob has filed timely objections to the magistrate judge's recommendation. For the reasons discussed below, the court will adopt the Report and...
