Kozak et al v. Lake State Railway Company et al

Filing 31

ORDER Adopting 29 Report and Recommendation, DENYING as moot 4 Motion to Dismiss, filed by Saginaw Midland Municipal Water Supply Corporation, GRANTING 19 Motion to Dismiss filed by William F Bartlett, Straits Corporation, 24 Motion to Dismis s filed by Saginaw Midland Municipal Water Supply Corporation, 9 Motion to Dismiss filed by Lake State Railway Company, dismissing Plaintiff's Federal claims against the Defendants with prejudice and declining jurisdiction over Plaintiff's State Law claims. Signed by District Judge Thomas L Ludington. (DWor)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION THOMAS R. KOZAK, THOMAS S. KOZAK, Plaintiffs, v. LAKE STATE RAILWAY COMPANY, STRAITS CORPORATION, SAGINAW MIDLAND MUNICIPAL WATER SUPPLY CORPORATION, WILLIAM F. BARTLETT, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING AS MOOT SAGINAW MIDLAND MUNICIPAL WATER SUPPLY CORPORATION'S MOTION TO DISMISS [DKT. # 4], GRANTING LAKE STATE RAILWAY COMPANY'S, WILLIAM F. BARTLETT AND STRAITS CORPORATION'S, AND SAGINAW MIDLAND MUNICIPAL WATER SUPPLY CORPORATION'S MOTIONS TO DISMISS [DKT. # 9, 19, 24], DISMISSING PLAINTIFFS' FEDERAL CLAIMS AGAINST THESE DEFENDANTS WITH PREJUDICE, AND DECLINING JURISDICTION OVER PLAINTIFFS' STATE LAW CLAIMS This matter is before the Court on a report and recommendation issued by Magistrate Judge Charles E. Binder on June 15, 2010. Judge Binder recommends that the Court grant Defendants Lake State Railway Company's, Straits Corporation and William F. Bartlett's, and Saginaw Midland Municipal Water Supply Corporation's motions to dismiss [Dkt. # 9, 19, 24] because Plaintiffs' federal claims are barred by a three-year statute of limitations. In light of that recommendation, Judge Binder also recommends that Defendant Saginaw Midland Municipal Water Supply Corporation's motion to dismiss [Dkt. # 4] for improper service of process be denied as moot. As of today's date, no party has filed any objections to Judge Binder's report and recommendation. The decision to not object to the Judge Binder's report releases the Court from its duty to independently Case Number 09-14695-BC Honorable Thomas L. Ludington Magistrate Judge Charles E. Binder

review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the report and recommendation [Dkt # 29] is ADOPTED. It is further ORDERED that Defendants Lake State Railway Company's, Straits Corporation and William F. Bartlett's, and Saginaw Midland Municipal Water Supply Corporation's motions to dismiss [Dkt. # 9, 19, 24] are GRANTED. It is further ORDERED that Defendant Saginaw Midland Municipal Water Supply Corporation's motion to dismiss [Dkt. # 4] is DENIED AS MOOT. It is further ORDERED that Plaintiffs' federal claims against Defendants Lake State Railway Company, Straits Corporation, William F. Bartlett, and Saginaw Midland Municipal Water Supply Corporation are DISMISSED WITH PREJUDICE. It is further ORDERED that jurisdiction is DECLINED over Plaintiffs' state law claims. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: July 13, 2010

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on July 13, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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