Diamond v. Premier Manufacturing/Voith Industrial Services et al

Filing 68

ORDER ADOPTING MAGISTRATE JUDGE'S 66 REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT. Granting 3 Motion to Dismiss and Denying 20 Motion to Amend. Denying as Moot 53 Motion to Strike, 56 Motion to Dismiss/Quash, 41 Motion to Dismiss/Quash, and 57 Motion to Strike. Signed by District Judge Gerald E. Rosen. (RGun)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EARL DIAMOND,
Plaintiff,
vs.

No. 11-cv12228-DT
Hon. Gerald E. Rosen

PREMIER MFG/VOITH INDUSTRIAL
SERVICES, et al.,
Defendants.
______________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on
January 31, 2012
PRESENT:

Honorable Gerald E. Rosen
United States District Chief Judge

This action having come before the Court on the January 6, 2012 Report and
Recommendation of United States Magistrate Judge Michael Hluchaniuk, recommending that
the Court grant the Motion to Dismiss filed by Defendant Voith Industrial Services (f/k/a
Premier Manufacturing Support Services, Inc.), and deny Plaintiff’s Motion to Amend; and
Plaintiff having timely filed objections to the Magistrate Judge’s Report and
Recommendation; and the Court having reviewed the Magistrate Judge’s Report and
Recommendation, Plaintiff’s Objections, and the Court’s entire file of this action, and having
concluded that, for the reasons stated in the Report and Recommendation, Defendant’s
motion should be granted, Plaintiff’s motion to amend should be denied, and Plaintiff’s

complaint should, accordingly, be dismissed without prejudice; and the Court being
otherwise fully advised in the premises,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report
and Recommendation of January 6, 2012 [Dkt. # 66] be, and hereby is, adopted by this
Court.
IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge’s
Report and Recommendation, Defendant Voith Industrial Services Motion to Dismiss [Dkt.
# 3]be, and hereby is, GRANTED, and Plaintiff’s Complaint is DISMISSED, in its entirety,
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that for the reasons set forth in the Magistrate Judge’s
Report and Recommendation, Plaintiff’s Motion to Amend [Dkt. # 20] is DENIED, without
prejudice.
IT IS FURTHER ORDERED that the parties’ various other pending motions at Dkt.
Nos. 41, 53, 56, and 57 are dismissed as MOOT.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: January 31, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record on
January 31, 2012, by electronic mail and upon Earl Diamond, 3115 Dale Avenue, Flint,
Michigan 48506 by ordinary mail.
s/Ruth A. Gunther
Case Manager