Herbert v. Baker et al

Filing 55

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 37 , DENYING 25 Motion to Set Aside Stipulation and Order. Signed by District Judge Gerald E Rosen. (RBri)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION YOLANDA MARIE HERBERT, Personal Representative of the Estate of MARIE HERMINIE BARRON, Deceased, Plaintiff, vs. DANNIE RAY BAKER, LT. THOMAS DIAZ, and OFFICER JOHN HANKINS, Defendants. ___________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on January 14, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the November 5, 2009 Report and Recommendation of United States Magistrate Judge Michael Hlunchaniuk, recommending that Plaintiff's Motion to Set Aside the Stipulation and Order entered in the State court prior to removal of this action be denied, without prejudice; and no objections to the Magistrate Judge's Report and Recommendation having been filed by any party; and the Court being fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and No. 09-CV-12314-DT Hon. Gerald E. Rosen

Recommendation of November 5, 2009 [Dkt. # 37] is adopted by the Court. IT IS FURTHER ORDERED that Plaintiff's Motion to Set Aside Stipulation and Order [Dkt. # 25] is DENIED, without prejudice.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: January 14, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 14, 2010, by electronic and/or ordinary mail. s/Ruth Brissaud Case Manager