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

Filing 115

ORDER Adopting 95 Report and Recommendation,re: 48 Motion to Dismiss, filed by Anne Hokanson, Matthew Flechter, Teresa Seidel, Steven Mahoney, Wayne Whitman - OVERRULE the parties' Objections, ADOPT Magistrate Judge Pepe's Report & Recommendation and DENY State Defts' Motion to Dismiss with regard to the Equal Protection Claim and GRANT the State Defts' Motion to Dismiss with regard to all remaining claims. Signed by District Judge John Feikens. (CCoh)

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 on the State Defendants' Motion to Dismiss or, Alternatively for Summary Judgment ("Report"). In his Report, Magistrate Judge Pepe recommends that I grant Defendants' Motion to Dismiss with

regard to all counts except the equal protection claim. 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 DENY State Defendants' Motion to Dismiss with regard to the equal protection claim and GRANT Defendants' Motion to Dismiss with regard to all remaining counts. IT IS SO ORDERED. s/John Feikens John Feikens United States District Judge Dated: August 14, 2009
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on August 14, 2009. s/Carol Cohron Deputy Clerk