Ward v. Wilbanks et al

Filing 75

ORDER granting in part and denying in part Defendants Wilbanks', Clack's, Hawks', Incarnati's, Okdie's Parkers, Sedlik's, Stapleton's, Martin's and Polite's 23 Motion to Dismiss or in the alternative motion for summary judgment and denying 38 Motion for relief from Defendants' motion for summary judgment. [See Order for specifics]. Signed by District Judge George Caram Steeh. (PMil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JULEA WARD, Plaintiff, vs. ROY WILBANKS, et al., Defendants. _____________________________/ ORDER GRANTING IN PART DEFENDANTS WILBANKS', CLACK'S, HAWKS', INCARNATI'S, OKDIE'S, PARKER'S, SEDLIK'S, STAPLETON'S, MARTIN'S, AND POLITE'S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT (# 23) AND DENYING PLAINTIFF'S RULE 56(f) MOTION FOR RELIEF FROM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (# 38) For the reasons set forth on the record at a January 28, 2010 hearing, defendants' motion for summary judgment as to ten of the defendants, due to lack of a substantial role in plaintiff Julea Ward's dismissal from Eastern Michigan University's ("EMU") Counseling Practicum course, is hereby GRANTED, IN PART, as to defendants EMU Regents Wilbanks, Clack, Hawks, Incarnati, Okdie, Parker, Sedlik, and Stapleton, and EMU President Dr. Martin. These defendants are hereby DISMISSED from this lawsuit, without prejudice. Defendants' motion for summary judgment as to ten of the defendants is hereby DENIED, IN PART, as to defendant EMU Dean of the College of Education Dr. Polite. Plaintiff Ward's Rule 56(f) motion for relief from defendants' motion for summary judgment as to ten of the defendants is hereby DENIED. SO ORDERED. Dated: February 1, 2010 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE Case No. 09-CV-11237 HON. GEORGE CARAM STEEH

CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on February 1, 2010, by electronic and/or ordinary mail. s/Josephine Chaffee Deputy Clerk

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