Houle et al v. Sampson et al

Filing 36

ORDER denying (25) Motion to Dismiss; denying (25) Motion for Summary Judgment in case 2:09-cv-10504-MOB-DAS; denying (21) Motion to Dismiss; denying (21) Motion for Summary Judgment in case 2:09-cv-10535-MOB-MKM. (REFER TO IMAGE FOR ADDITIONAL DETAILS). Signed by District Judge Marianne O Battani. Associated Cases: 2:09-cv-10504-MOB-DAS, 2:09-cv-10535-MOB-MKM (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

KEVIN HOULE AND HARVEY REESE, and T.H., by his next friend, ROSE HOULE, A.R., by her next friend, TONJA PARKER, Plaintiffs,

Case Numbers:

09-10504 09-10535

HON. MARIANNE O. BATTANI v. BARBARA SAMPSON, chair of the Michigan Parole Board, and the nine board members: JAMES ATTERBERRY, MIGUEL BERRIOS, CHARLES BROWN, PAUL CONDINO, STEPHEN DEBOER, ARTINA HARDMAN, ANTHONY KING, DAVID KLEINHARDT, AND LAURIN THOMAS, in their official capacities, Defendants. __________________________________/ ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND ADJOURNING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION This matter is before the Court on Defendants' Motions to Dismiss (09-10504 doc. 25; 09-10535 doc. 21), and Plaintiffs' Motions for Preliminary Injunction (09-10504 doc. 9; 09-10535 doc. 8). For the reasons discussed on the record at a hearing held on June 3, 2009, The Court DENIES both of Defendants' Motions to Dismiss.1

In a separate order issued on this date, the Court dismissed Plaintiffs Harvey Reese and A.R. from the case sua sponte because their claims were moot.

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In addition, the Court ADJOURNS both of Plaintiffs' Motions for Preliminary Injunction. A hearing on these motions will be held on Monday, August 17, 2009 at 2:30 p.m.2 The parties may perform discovery through August 7, 2009. Defendants may file an additional brief by August 3, 2009, and Plaintiffs may file an additional brief by August 12, 2009. IT IS SO ORDERED.

s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE

Dated: June 8, 2009

CERTIFICATE OF SERVICE Copies of this Order were served upon counsel of record on this date by ordinary mail and/or electronic filing. s/Bernadette M. Thebolt Deputy Clerk

The parties should note that this hearing has been moved from the original August 26, 2009, date. 2

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