Saad et al v. Dearborn, City of, et al

Filing 19

ORDER granting 7 Motion to Dismiss; finding as moot 11 Motion to Strike; denying 11 Motion to Permit Discovery. Signed by District Judge Patrick J Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MAHMOUD SAAD and ZIHRA SAAD, Plaintiffs, Case No. 10-cv-12635 v. Honorable Patrick J. Duggan MICHAEL KRAUSE, individually and in his official capacity, CITY OF DEARBORN HEIGHTS, DEARBORN HEIGHTS POLICE DEPARTMENT, and JOHN DOES 1-10, Defendants. / ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on October 28, 2010. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Before the Court is Defendants' Motion for Partial Dismissal and Plaintiffs' Motion to Strike and to Permit Discovery. The Court has reviewed these Motions, and considered the arguments of counsel at a hearing held on October 26, 2010. Plaintiffs have indicated that they do not object to the dismissal of the Dearborn Heights Police Department from this action if it is a redundant party. Because the City of Dearborn Heights is the true party in interest, the Court dismisses the Dearborn Heights Police Department from this action. Plaintiffs agreed to dismiss their conspiracy-related claims (Counts Three and Seven), the Court having ruled that the alleged conspiracy of excessive ticket writing is irrelevant to Plaintiffs' asserted injuries. Plaintiffs' Motion to Permit Discovery must be denied for the same reason. Because Plaintiffs have agreed to dismiss these claims, Plaintiffs' Motion to Strike is moot. Accordingly, IT IS ORDERED that Defendants' Motion for Partial Dismissal is GRANTED, and Counts Three and Seven are DISMISSED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike and to Permit Discovery is DENIED. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Dated: October 28, 2010 Copies to: Haytham Faraj, Esq. Nemer N. Hadous, Esq. Jeffrey R. Clark, Esq. 2

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