M.P. et al v. Pontiac, City of et al

Filing 45

ORDER vacating 44 Order of dismissal and directing filing of motion to approve settlement. Signed by Honorable David M Lawson. (DPer)

M.P. et al v. Pontiac, City of et al

Doc. 45

Case 2:06-cv-13370-DML-RSW

Document 45

Filed 06/12/2007

Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MIKE POSTELL, through his next friend, SURETTA POSTELL, ANGELO POSTELL, SHAWN POSTELL, and, MARCUS PRICE, Plaintiffs, v. CITY OF PONTIAC, DWIGHT GREEN, OFFICER LOPEZ (Badge No. 600), AARON SAILOR (Badge No. 649), and OTHER UNKNOWN DEFENDANTS, Defendants. ______________________________________ / ORDER VACATING ORDER OF DISMISSAL AND DIRECTING FILING OF MOTION TO APPROVE SETTLEMENT On June 11, 2007, the Court entered an order of dismissal pursuant to the parties' settlement of this action. That order was entered in error. Because one of the plaintiffs in this case is a minor, the Court is required to review the proposed settlement and determine that it is in the best interests of that plaintiff before entering any order of dismissal. Mich. Ct. R. 2.420; Dean v. Holiday Inns, Inc., 860 F.2d 670, 673 (6th Cir. 1988). The Court will therefore vacate the order of dismissal and direct counsel for the minor plaintiff to file a motion for approval of the proposed settlement agreement. Accordingly, it is ORDERED that the order of dismissal [dkt # 44] is VACATED. It is further ORDERED that counsel for the minor plaintiff is directed to file a motion for approval of the proposed settlement agreement on or before June 18, 2007. It is further ORDERED that the hearing on the defendants' motion for summary judgment, Case Number 06-CV-13370 Honorable David M. Lawson

Dockets.Justia.com

Case 2:06-cv-13370-DML-RSW

Document 45

Filed 06/12/2007

Page 2 of 2

presently scheduled for June 12, 2007, is ADJOURNED pending further order of the Court. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: June 12, 2007

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 June 12, 2007. s/Felicia M. Moses FELICIA M. MOSES

-2-