Smith v. Ludwick et al

Filing 45

ORDER Adopting 43 Report and Recommendation Denying 28 Motion for Preliminary Injunction, Motion for Protective Order filed by Charles Smith and Granting in Part 16 Motion for Summary Judgment, filed by Nick Ludwick, Steve Rivard, Scott Smith, Kris Naffziger, Jill Brown, Ruth Hall, Travis Gager. Signed by District Judge Victoria A. Roberts. (PMil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES SMITH,
Plaintiff,

CASE NUMBER: 10-12955
HONORABLE VICTORIA A. ROBERTS
Magistrate Judge Mona K. Majzoub

v.
NICK LUDWICK, STEVE RIVARD,
WAYNE DEVERNEY, SCOTT SMITH,
TRAVIS GAGER, R. MARTINEZ, JILL
BROWN, RUTH HALL, KRIS NAFFZIGER,
JOHN DOE, and JANE DOE,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
On July 22, 2011, Magistrate Judge Mona K. Majzoub submitted a Report and
Recommendation (Doc. # 43) recommending that the Court GRANT IN PART
Defendants’ Motion for Summary Judgment (Doc. # 16) and DENY Plaintiff’s Motion for
Preliminary Injunction or in the Alternative for Protective Order Prohibiting Retaliation
(Doc. # 28).
Because the Court did not receive objections from either party within the time
allotted by 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d), the Court ADOPTS the
Magistrate Judge’s R & R; the Court GRANTS summary judgment to Defendants
Ludwick, Rivard, and Smith, and DENIES summary judgment to Defendants Gager,
Brown, Hall, and Naffziger in their individual capacities and in their official capacities, to
the extent he seeks prospective injunctive relief only. Defendants Gager, Brown, Hall,
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and Naffziger may file a second Motion for Summary Judgment after Plaintiff has had
an opportunity to conduct the necessary discovery. Finally, the Court DENIES Plaintiff’s
Motion for Preliminary Injunction or in the Alternative for Protective Order Prohibiting
Retaliation.
IT IS ORDERED.
s/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 16, 2011
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
August 16, 2011.
s/Linda Vertriest
Deputy Clerk

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