Burgett v. Flint, City of et al

Filing 64

ORDER denying 41 Motion for Summary Judgment; denying 42 Motion for Summary Judgment; denying 53 Motion for Summary Judgment; denying 56 Motion to Strike. Signed by District Judge Arthur J Tarnow. (TTay)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CRYSTAL BURGETT, personal representative of the estate of JO ANN BURGETT, deceased, Plaintiff, v. Case No. CITY OF FLINT, a municipal corporation; OFFICER MIGUEL VASQUEZ and OFFICER KYLE BRANDON, jointly and severally, Defendants. / ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT [41, 42, 53] AND PLAINTIFF'S MOTION TO STRIKE DEFENDANT OFFICERS' MOTION FOR SUMMARY JUDGMENT [56] Before the court are the cross-motions for summary judgment and plaintiff's motion to strike the defendant officers' untimely summary-judgment motion. This matter came on for a hearing on March 11, 2009. For the reasons stated on the record, the motions are DENIED, except that the defendants' motions as to plaintiff's state claims of gross negligence and liability under respondeat superior are DENIED WITHOUT PREJUDICE. The final pretrial order is due June 30, 2009. The final pretrial conference is set for July 14 at 3 p.m. SO ORDERED. 07-12686 District Judge Arthur J. Tarnow

S/ARTHUR J. TARNOW Arthur J. Tarnow United States District Judge Dated: March 11, 2009

07-12686 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 11, 2009, by electronic and/or ordinary mail. S/THERESA E. TAYLOR Case Manager