Zola H. et al v. Snyder et al

Filing 81

ORDER Setting Briefing Schedule and DENYING WITHOUT PREJUDICE 73 Motion to Dismiss; 74 Motion to dismiss; 75 Motion for Summary Judgment; 76 Motion to Dismiss; 77 Motion to Dismiss and setting Telephone Status Conference on 7/30/2014 at 10:00 am (The Court will initiate the call). Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ZOLA H., et al.,
Plaintiffs,
Case No. 12-14073

v.
RICK SNYDER, et al.,
Defendants.
/

ORDER SETTING BRIEFING SCHEDULE, AND
DENYING PENDING MOTIONS WITHOUT PREJUDICE
On May 1, 2014, the court held a telephonic status conference and the parties
informed the court that they were currently pursuing settlement of all pending claims.
Accordingly, the court suspended formal proceedings, and allowed the parties
approximately two months to continue their settlement discussions. On July 1, 2014,
the court held a follow-up telephonic status conference with the parties to ascertain the
status of their settlement negotiations.
Plaintiffs’ counsel informed the court that four of the eight Plaintiff families have
settled their claims with Defendants. Two of the remaining families are still negotiating
the terms of their settlement, but the parties expect that settlement will be reached in
due course.
Plaintiff Families C and F are not currently engaged in settlement negotiations
with Defendants. As to Family C, Plaintiffs’ counsel informed the court that he intends
to seek leave to dismiss Family C’s claims without prejudice. Defendants oppose this
request and plan to seek dismissal of Family C’s claims with prejudice. Either way, it

appears that Family C’s claims will soon be dismissed. The court will set a briefing
schedule for these anticipated motions below.
This leaves Family F. The court currently has supplemental jurisdiction over
Family F’s state-law claims pursuant to 28 U.S.C. § 1367. However, the court
anticipates that within approximately the next sixty days, all Plaintiffs with federal claims
will be dismissed from this lawsuit, at which point the court will decline to exercise
supplemental jurisdiction over Family F’s remaining state law claims. See § 1367(c)(3);
Musson Theatrical, Inc. v. Fed. Express Corp., 89 F.3d 1244, 1254–55 (6th Cir. 1996)
(“When all federal claims are dismissed before trial, the balance of considerations
usually will point to dismissing the state law claims . . . .”). If, as predicted, all federal
claims are settled or dismissed, the court will be strongly inclined to dismiss without
prejudice any state-law claims. In the event Family F is not prepared to stipulate to
such dismissal, it should be prepared to answer an order to show cause why the statelaw claims should not be dismissed. Accordingly,
IT IS ORDERED that the parties are DIRECTED to appear for a telephonic status
conference on July 30, 2014, at 10:00 a.m.
IT IS FURTHER ORDERED that Plaintiffs’ counsel will file a motion seeking
dismissal without prejudice of Family C’s claims by August 1, 2014. Defendants will
file their response seeking dismissal with prejudice by August 22, 2014. Plaintiffs may
file an optional reply by September 5, 2014. The court’s normal page limitations for
dispositive motions will apply. See E.D. Mich. Local R. 7.1(d)(3).

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In light of the above-developments, it appears clear that the pending motions to
dismiss are at least out-dated and, more likely, moot. Thus, IT IS FURTHER
ORDERED that Defendants’ motions to dismiss (Dkts. ## 73, 74, 76, 77) and motion for
summary judgment (Dkt. # 75) are DENIED WITHOUT PREJUDICE.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: July 10, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 10, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\12-14073.ZOLAH.OrderMisc.jac.wpd

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