Jermano v. Taylor et al

Filing 115

Order Adopting 112 113 Reports and Recommendations and Granting 96 Motion for Judgment on the Pleadings by YWCA Detroit, Pamela McCormick, Sandra Jones-Karim, and Curtis France and Granting 82 Motion to Dismiss or for Summary Judgment by Troy Taylor, Rachel Meyers, Eric Zarfl, Michael Pinkerton, Anthony Carignan, Shawn Tetler, John Stanson, Keith Hermans, "Officer SK," Jim Rourke, Chris Martinelli, Rob Wickham, Hames Hock and the City of Oak Park Police Department and Dismissing Remaining Defendants for Lack of Prosecution. Signed by District Judge Avern Cohn. (SCha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

M. AMELIA (NEAL) JERMANO,
Plaintiff,
vs.

Case No. 11-10739

OFFICER TROY TAYLOR, et al,

HON. AVERN COHN

Defendants.
____________________________/
ORDER
ADOPTING REPORTS AND RECOMMENDATIONS (Docs. 112, 113)
AND
GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS BY YWCA DETROIT,
PAMELA McCORMICK, SANDRA JONES-KARIM, AND CURTIS FRANCE (Doc. 96)
AND
GRANTING MOTION TO DISMISS OR FOR SUMMARY JUDGEMENT BY TROY
TAYLOR, RACHEL MEYERS, ERIC ZARFL, MICHAEL PINKERTON, ANTHONY
CARIGNAN, SHAWN TETLER, JOHN STANSON, KEITH HERMANS, “OFFICER
SK,” JIM ROURKE, CHRIS MARTINELLI, ROB WICKHAM, JAMES HOCK, AND THE
CITY OF OAK PARK POLICE DEPARTMENT (Doc. 82)
AND
DISMISSING REMAINING DEFENDANTS FOR LACK OF PROSECUTION
I.
This is a civil rights case. Plaintiff filed a pro se civil complaint on February 23,
2011, naming 48 defendants in 25 counts, including members of the Oak Park and
Troy, Michigan police departments. The second amended complaint pertains to the
alleged actions by various police officers and agencies, and a state criminal action
against her for violating a PPO and aggravated stalking. Plaintiff makes claims for
violations of her constitutional rights under 42 U.S.C. §§ 1983, 1985 and 1986,
violations of various federal criminal statutes and a number of state law claims.

The matter was referred to a magistrate judge for pretrial proceedings. As will be
explained, several defendants filed dispositive motions and some defendants have
already been dismissed based on those motions.1 Currently before the Court are the
following motions:
-

YWCA of Metropolitan Detroit, Pamela McCormick, Sandra Jones-Karim and
Curtis France’s Motion for Judgment on the Pleadings (Doc. 96)

and
-

Troy Taylor, Rachel Meyers, Eric Zarfl, Michael Pinkerton, Anthony Carignan,
Shawn Tetier, John Stanson, Keith Hermans, “Officer Sk,” Jim Rourke, Chris
Martinelli, Rob Wickham, James Hock, and City of Oak Park Police Department’s
Motion to Dismiss or for Summary Judgment (Doc. 82)
On February 28, 2013, the magistrate judge issued a report and recommendation

(MJRR) the YMCA, et. al’s motion, recommending that the motion be granted. (Doc.
112). On March 4, 2013, the magistrate judge issue an MJRR on Troy Taylor, et. al’s

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The City of Troy Police Department, Troy Police Officers Scott La Mitza, Edwin
Julian, and Timothy Garcher and City of Troy Civil Service Commission member David
Cannon filed a motion to dismiss or for summary judgment. (Doc. 24). The magistrate
judge issued a MJRR), recommending that the motion be granted. (Doc. 67) Plaintiff
objected (Doc. 73). Then, plaintiff’s court-appointed attorney in state court, Michael
McCarthy filed a motion to dismiss (Doc. 30). Finally, plaintiff’s other court-appointed
attorneys in state court, Martin Krohner and Dean Eldon, (Doc. 33) also filed a motion to
dismiss. The magistrate judge issued a MJRR recommending that both motions be
granted. (Doc. 67). Plaintiff objected. (Doc. 75).
The Court overruled plaintiff’s objections, adopted both MJRRs, granted the
defendants’ summary judgment motions, and dismissed those defendants from the
case. (Doc. 79). Thereafter, Christopher Jahnke and the Royal Oak Police Department
filed a Motion for Judgment on the Pleadings (Doc. 49), Jessica Cooper, Joanne Pray,
Oakland County Jail, and Michael Bouchard filed a Motion to Dismiss or for Summary
Judgment (Doc. 58), and Common Ground, Shawn Force, and Melissa Felice filed a
Motion for Judgment on the Pleadings (Doc. 64).
On July 30 and 31, the magistrate judge issued separate reports and
recommendations (MJRR) on each motion, recommending that each motion be granted.
(Docs. 99, 100, 101). Neither party objected to the MJRRs. The Court adopted the
MJRRs and granted the motions. (Doc. 107).
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motion, recommending that the motion be granted. (Doc. 113). Neither party has
objected to the MJRRs and the time for filing objections has passed.
II.
A failure to file objections to the report and recommendation waives any further
right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370,
1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report
releases the Court from its duty to independently review the motions. Thomas v. Arn,
474 U.S. 140, 149 (1985).
However, the Court has reviewed the MJRRs and agrees with the magistrate
judge. As explained in the MJRRs, plaintiff has not made out a viable claim against any
of the moving defendants.
III.
Accordingly, the MJRRs are ADOPTED as the findings and conclusions of the
Court. The YWCA of Metropolitan Detroit, Pamela McCormick, Sandra Jones-Karim
and Curtis France’s Motion for Judgment on the Pleadings (Doc. 96) is GRANTED.
Troy Taylor, Rachel Meyers, Eric Zarfl, Michael Pinkerton, Anthony Carignan, Shawn
Tetier, John Stanson, Keith Hermans, “Officer Sk,” Jim Rourke, Chris Martinelli, Rob
Wickham, James Hock, and the City of Oak Park Police Department’s Motion to
Dismiss for Summary Judgment (Doc. 82) is GRANTED. Plaintiff’s claims against these
defendants are DISMISSED WITH PREJUDICE.
According to the docket sheet, the following defendants are still in the case:
Kevin D'Angelo, John Doe, Duncan, Julie Growe, Danielle Krauthofer, and Anna Kellog
Magner. Given the length of time that the case has been pending, the fact that plaintiff

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has failed to respond to any of the recent MJRRs, and plaintiff’s failure to take any
action whatsoever as to these defendants, they are DISMISSED WITHOUT
PREJUDICE for failure to prosecute. See Fed. R .Civ. P. 41(b).
This order closes the case.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: March 29, 2013

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, March 29, 2013, by electronic and/or ordinary mail.

S/Sakne Chami
Case Manager, [phone]

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