Clemente et al v. Vaslo et al

Filing 15

STIPULATED ORDER dismissing affirmative defenses numbers 5 and 11. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
JOHN CLEMENTE, an individual, BRIAN DAILEY, an individual, JOHN WERKSMA, an individual, DENNIS STOL, an individual, KAREN STOL, an individual, CHARLES TAYLOR, II, an individual, GLENN RAY, an individual, BRIAN DePALMA, an individual, Plaintiffs, -vFRANK VASLO, in his official and individual capacity, STEVE DUCHANE, in his official and individual capacity, ROBERT BARTOK, in his official and individual capacity, CITY OF LINCOLN PARK, a Michigan municipal corporation, Defendants. ______________________________________/
JOEL B. SKLAR (P38338) Attorney for Plaintiff 615 Griswold, Suite 1116 Detroit, MI 48116 313.963.4529 Fax [phone] [e-mail] DANA NESSEL (P51346) Co-counsel for Plaintiff 615 Griswold, Suite 1116 Detroit, MI 48116 313.963.4529 Fax: [phone] [e-mail] ROGER A. SMITH (P27722) GARAN LUCOW MILLER, P.C. Attorney for Defs. Vaslo, Duchane & Bartok 1111 W. Long Lake Road, Suite 300 Troy, MI 48098 248.641.7600 Fax: [phone] [e-mail] AUDREY J. FORBUSH (P41744) PLUNKETT & COONEY Attorney for Def. City of Lincoln Park 111 W. Court Street, Suite 1B Flint, MI 48502 810.342.7014 Fax: [phone] [e-mail]

No. 2:09 cv-13854 Hon. Robert H. Cleland

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ORDER DISMISSING AFFIRMATIVE DEFENSES NUMBERS 5 AND 11 AS SET FORTH BY THE DEFENDANTS, FRANK VASLO, in his official and individual capacity, STEVE DUCHANE, in his official and individual capacity, ROBERT BARTOK, in his official and individual capacity IN RESPONSIVE PLEADINGS FILED NOVEMBER 6, 2009 At a session of said Court, held in the Theodore Levin Courthouse, City of Detroit, State of Michigan on _12/11/2009__________________ Present: Hon. ROBERT H. CLELAND U.S. District Court Judge

This matter having been raised by stipulation of the parties and the Court being otherwise fully informed in the premises: Wherefore, IT IS HEREBY ORDERED that Defendants', FRANK VASLO, in his official and individual capacity, STEVE DUCHANE, in his official and individual capacity, and ROBERT BARTOK, in his official and individual capacity, Affirmative Defense Nos. 5 and 11 as filed on November 6, 2009, be and the same are hereby stricken and dismissed. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: December 11, 2009 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, December 11, 2009, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone] I stipulate to entry of the above Order: /s/ Joel B. Sklar (with permission 12/07/09)

JOEL B. SKLAR (P38338) Attorney for Plaintiff

/s/ Audrey J. Forbush

(with permission 12/08/09)

AUDREY J. FORBUSH (P41744) Attorney for Def. City of Lincoln Park

/s/ Roger A. Smith _________________
ROGER A. SMITH (P27722) GARAN LUCOW MILLER, P.C. Attorney for Defs. Vaslo, Duchane & Bartok

Dated: December 8, 2009