Maxwell et al v. Dodd, et al

Filing 37

CORRECTED STIPULATED ORDER. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIA MAXWELL, Individually and as Next Friend of Takia Durrett, a minor, and Bryan Ross, a minor, Plaintiff, vs DARREN DODD and FIVE UNKNOWN AGENTS OF THE UNITED STATES SECRET SERVICE A/K/A JOHN DOE and OFFICER A. ROESKE and SGT. SMITHOF THE STERLING HEIGHTS POLICE DEPARTMENT, Case No. 2:08-cv-11326 Hon. Patrick J. Duggan

Defendants. ________________________________________________________________/ REX A. BURGESS, PLC O'REILLY RANCILIO PC Attorneys for Plaintiff Attorneys for Defendants Roeske and Smith By: Rex A. Burgess, P42779 By: Donald P. DeNault, Jr., P55788 Heidi T. Sharp, P69641 12900 Hall Road, Suite 350 15985 Canal Road Sterling Heights, MI 48313 Clinton Township, MI 48038 586-726-1000 586-226-2627 William L. Woodward, P27404 Assistant United States Attorney Attorney for Defendant Darren Dodd W Fort Street, Suite 2001 Detroit MI 48226 313-2269786 [e-mail] ________________________________________________________________/ STIPULATED ORDER OF DISMISSAL OF ALL CLAIMS AGAINST OFFICER A. ROESKE AND SERGEANT SMITH OF THE STERLING HEIGHTS POLICE DEPARTMENT

This matter having been stipulated to by counsel for all parties and the Court being otherwise fully advised in the premises; IT IS ORDERED that Plaintiff's claims filed against Defendants Roeske and Smith under 42 USC § 1983 in their official capacity, Count III of Plaintiff's amended Complaint referring to the Fourteenth Amendment of the United States Constitution, and the State of Michigan claims IV-VII are dismissed against Defendants Roeske and Smith without prejudice.

Dated: October 27, 2008

s/PATRICK J. DUGGAN U.S. District Court Judge

Approved for entry:

_s/ Rex A. Burgess____ Rex A. Burgess, P42779 Attorney for Plaintiff _w/ consent of Donald P. DeNault, Jr. Donald P. DeNault, Jr., P55788 Attorney for Defendants Roeske and Smith