Fernanders v. Michigan Department of Community Health/Hawthorn Center

Filing 46

ORDER Adopting in part 31 Report and Recommendation Re: 8 Motion to Dismiss filed by Michigan Department of Community Health/Hawthorn Center - Granting Defendant's Motion to Dismiss as to Cts. 1-5 and the Contract-Based Claim in Count 6; Denying Defendant's Motion as to the Title VII Race Discrimination Claim in Count 6. Signed by District Judge John Feikens. (CCoh)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ANDERSON LEE FERNANDERS, Plaintiff, Civil No. 09-12933 Judge John Feikens Mag. Judge Donald Scheer v. MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Defendant. ________________________________ ORDER ADOPTING REPORT AND RECOMMENDATION I have before me, Magistrate Judge Donald A. Scheer's Report and Recommendation ("Report") (Docket #31). In his Report, Magistrate Judge Scheer recommends that I GRANT Defendant's Motion as to Counts 1-5 of the Complaint and as to the contract-based claim in Count 6 and DENY Defendant's Motion as to the Title VII race discrimination claim asserted in Count 6. The parties have filed Objections to the Report, and the matter is fully briefed. Having considered the arguments set forth by the parties, I find that Magistrate Judge Scheer has thoroughly and correctly analyzed the issues and I agree with his recommendation. Therefore, I OVERRULE the parties' Objections, ADOPT Magistrate Judge Scheer's Report and Recommendation, GRANT Defendant's Motion as to Counts 1-5 of the Complaint and as to the contractbased claim in Count 6, and DENY Defendant's Motion as to the Title VII race

discrimination claim asserted in Count 6. IT IS SO ORDERED.

Date:

May 10, 2010

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 May 10, 2010, by U.S. first class mail or electronic means. s/Carol Cohron Case Manager