Levon v. Marlborough Estates, LC et al

Filing 25

ORDER granting 11 Motion to Dismiss; denying 15 Motion to Amend/Correct; denying 20 Motion to Amend/Correct; adopting 24 Report and Recommendation. Signed by District Judge Nancy G. Edmunds. (CHem)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TODD LEVON, Case No. 11-15663 Plaintiff, Honorable Nancy G. Edmunds v. MARLBOROUGH ESTATES, LLC, F&M CONSTRUCTION, INC., MARLBORO DETROIT, LLC, ROCHESTER ESTATES OF PINECREEK, LLC, THE MATTEO FERRO LIVING TRUST, MATTEO FERRO AS TRUSTEE OF THE MATTEO FERRO LIVING TRUST, FORTZA INVESTMENTS, LLC, MATTEO FERRO and FRANK FERRO, Defendants. _________________________________________/ ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This matter comes before the Court on the Magistrate Judge’s Report and Recommendation. Being fully advised in the premises and having reviewed the record and the pleadings, including the Report and Recommendation and any objections thereto, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge’s Report and Recommendation. It is further ordered that Defendants’ motion to dismiss is GRANTED, Plaintiffs motion for 60 days to file an amended complaint is DENIED AS MOOT, Plaintiffs motion for leave to amend is DENIED AS FUTILE, and Plaintiff’s ERISA claims are DISMISSED WITH PREJUDICE. The Court declines supplemental jurisdiction over Plaintiff’s remaining state law claims, and, therefore, those claims are DISMISSED WITHOUT PREJUDICE. SO ORDERED. s/Nancy G. Edmunds__________________ Nancy G. Edmunds United States District Judge Dated: August 6, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 6, 2012, by electronic and/or ordinary mail s/Carol A. Hemeyer____________________ Case Manager

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?