Flynn et al v. Oakland County et al

Filing 92

ORDER granting 90 Plaintiffs' Motion for Reconsideration and Vacating Dismissal of Oakland County as a Defendant and Vacating Stay of Proceedings. Signed by District Judge Avern Cohn. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAN FLYNN and AMBER FLYNN, Plaintiffs, -vsOAKLAND COUNTY; MICHAEL BOUCHARD; MICHAEL McCABE; MARK VENUS; CLAY JANNSON; JEFF CROCKETT; JAMES AHEARN; ROBERT CAIN; GORDON PIZZINI; DAMON SHEILDS; DIRK FINDLAY; MARTIN BAY and DOUGLAS MOLINAR, in their individual and official capacities, Defendants. ____________________________________/ ORDER GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION AND VACATING DISMISSAL OF OAKLAND COUNTY AS A DEFENDANT AND VACATING STAY OF PROCEEDINGS This is an employment case. On February 9, 2009, the Court entered an order (Dkt. # 88) styled: Order (1) Requiring Additional Filings by Plaintiff; (2) Dismissing Count IV Against Oakland County; (3) Staying Further Proceedings Plaintiffs have filed a motion for reconsideration of the dismissal of Oakland County as a defendant. The Court erred in dismissing Oakland County, sua sponte. Accordingly, plaintiffs' motion is GRANTED. The dismissal of Oakland County as a defendant is VACATED. Case No. 05-73850 HON. AVERN COHN The additional filings required of plaintiffs have been filed and/or lodged with the Court. Accordingly, the stay is VACATED; proceedings on defendants' motion for summary judgment shall go forward. SO ORDERED. S/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: February 26, 2009 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, February 26, 2009, by electronic and/or ordinary mail. S/Julie Owens Case Manager, (313) 234-5160 2

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