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

Filing 120

ORDER Adopting Report and Recommendation 107 Re: 81 Motion to Dismiss filed by Gordon Fuerstenau, Richmond, Township of, 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 Township of Richmond and Gordon Fuerstenau's Motion to Dismiss ("Report") (Docket No. 107). In his Report, Magistrate Judge Pepe recommends that I grant Township of Richmond and

Gordon Fuerstenau's Motion to Dismiss. Plaintiffs filed objections, Defendants Township of Richmond and Gordon Fuerstenau filed a Response, and Plaintiffs filed 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 Plaintiffs' objections, ADOPT Magistrate Judge Pepe's Report and GRANT Township of Richmond and Gordon Fuerstenau's Motion to Dismiss. IT IS SO ORDERED. Date: September 22, 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 September 22, 2009, by U.S. first class mail or electronic means. s/Carol Cohron Case Manager