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)

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