Rondigo, LLC et al v. Richmond, Township of et al

Filing 112

[STRICKEN]ORDER Adopting [#107] Report and Recommendation GRANTING 81 Motion to Dismiss, filed by Gordon Fuerstenau, Richmond, Township of, Signed by District Judge John Feikens. (CCoh) Modified on 8/21/2009 (PMil).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RONDIGO, LLC, a Michigan limited liability company, DOLORES MICHAELS aka NICOLINA A. MICHAELS and RENEE MICHAELS, Plaintiffs, v. Civil No. 08-10432 Hon. John Feikens Magistrate Judge Mark A. Randon

TOWNSHIP OF RICHMOND, MICHIGAN, a Michigan municipal corporation, GORDON FUERSTENAU, in his official and individual capacities, THE FOUR TOWNSHIP CITIZENS' COALITION, INC., a Michigan nonprofit corporation, JARED SLANEC, KRISTYN SLANEC, JOHN GIANNONE, SARA GIANNONE, SALVATORE GIANNONE, NANCY GIANNONE, BILLY TRAVIS, MARLENE TRAVIS, THOMAS MACKLEY, PAULA MACKLEY, MICHAEL SYLVESTRY, MICHAEL LOCK, KARLA SITEK, ROBERT GRUCZ, DEVON SLANEC, ANNETTE NORMAN, ANGELA M. JOBS, JOHN REY, JUDITH REY, LINDA GERHARDT, WAYNE WHITMAN, in his individual capacity, STEVEN MAHONEY, in his individual capacity, TERESA SEIDEL, in her individual capacity, MATTHEW FLETCHER, in his individual capacity, and ANNE HOKANSON, in her individual capacity, jointly and severally, Defendants. ________________________________ ORDER ADOPTING REPORT AND RECOMMENDATION I have before me, Magistrate Judge Steven D. Pepe's Report and Recommendation ("Report"). In his Report, Magistrate Judge Pepe recommends that I grant Defendants' Motion to Dismiss. The parties filed objections, responses, and a reply. Having considered the

arguments submitted by the parties, I find that Magistrate Judge Pepe has thoroughly and correctly analyzed the issues and I agree with his recommendation. For these reasons, I OVERRULE the parties' objections, ADOPT Magistrate Judge Pepe's Report and GRANT Defendants' Motion to Dismiss. IT IS SO ORDERED. Date: August 10, 2009 s/ John Feikens John Feikens United States District Judge

Proof of Service I hereby certify that the foregoing order was served on the attorneys/parties of record on August 10, 2009, by U.S. first class mail or electronic means. s/Carol Cohron Case Manager