International Union, Security, Police & Fire Professionals of America (SPFPA) v. Maritas et al

Filing 69

ORDER Remanding the Magistrate's May 15, 2015 Report and Recommendation 66 and denying as moot Pltf's objections. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

INTERNATIONAL UNION,
SECURITY, POLICE & FIRE
PROFESSIONALS OF AMERICA,

Case No. 14-11484
Honorable Nancy G. Edmunds

Plaintiff,
v.
STEVEN ANGELO MARITAS, et. al.,
Defendant.
/

ORDER REMANDING THE MAGISTRATE JUDGE’S MAY 15, 2015 REPORT AND
RECOMMENDATION [66] AND DENYING AS MOOT PLAINTIFF'S OBJECTIONS
[68]
This matter comes before the Court on the Magistrate Judge’s May 15, 2015 Report
and Recommendation [66]. For the reasons stated below, the Court declines to adopt the
Magistrate Judge's Report and Recommendation and REMANDS this matter for further
consideration.
On May 13, 2015, Plaintiff filed a motion for a temporary restraining order seeking to
extend Defendant's non-compete agreement. (Dkt. 64). Two days later, the Magistrate
Judge issued a Report and Recommendation denying Plaintiff's request. (Dkt. 66). As the
Report makes clear, the Magistrate Judge was not convinced that Plaintiff presented
sufficient evidence to establish a strong likelihood of success on the merits. The Report's
conclusion was based, at least in part, on a legal determination that has since been
rejected by the Sixth Circuit. More specifically, the Sixth Circuit, in a 2-1 decision issued
on May 20, 2015, held that the language in Defendant's non-compete agreement "should

not be read narrowly to apply only to '9(b)(3) unions'. . . . '" SPFPA v. Maritas, No. 14-1415,
(Sixth Cir. May 20, 2015). As Plaintiff suggests in its objections to the Report, the Sixth
Circuit's decision may alter the Magistrate Judge's analysis as it relates to the likelihood of
Plaintiff's success on the merits.
Accordingly, in light of the Magistrate Judge's familiarity with this matter, the Court
finds that the most efficient means of disposing of Plaintiff's objections is to return the
Report and Recommendation (Dkt. 99) with instructions to reconsider the matter in light of
the Sixth Circuit's opinion. See 28 U.S.C. § 636(b) (1) (stating that a “judge of the court may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge. The judge may also receive further evidence or recommit the matter to
the magistrate judge with instructions."); see also Thompson v. Corr. Med. Servs., Inc., 0914483, 2014 WL 3894367, at *2 (E.D. Mich. Aug 8, 2014) (Borman, J) (recommitting a
motion for summary judgement to the magistrate judge following the court's review of the
plaintiff's objections).

SO ORDERED.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: June 23, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record
on June 23, 2015, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

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