Chomos v. Woodhaven Police Department et al

Filing 166

ORDER GRANTING 165 Stipulation of Dismissal filed by Detective Brust, Lieutenant Toth, and TERMINATING AS MOOT 163 REPORT AND RECOMMENDATION re 157 MOTION for Summary Judgment and TERMINATING AS MOOT 157 MOTION for Summary Judgment . Signed by District Judge Robert H. Cleland. (LWag)

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

MARK CHOMOS,
Plaintiff,
v.

Case No. 15-10103

WOODHAVEN POLICE DEPARTMENT, et al.,
Defendants.
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ORDER GRANTING STIPULATED DISMISSAL AND TERMINATING AS MOOT
REPORT AND RECOMMENDATION AND SUMMARY JUDGMENT MOTION
Defendants Lieutenant Toth and Detective Brust1 filed a motion for summary
judgment in this civil rights action on April 13, 2017. (Dkt. # 157.) Plaintiff Mark Chomos
did not file a response to the motion, and indicated in a separate filing that he did not
oppose the summary judgment motion. (See Dkt. # 161.) On May 25, 2017, Magistrate
Judge David R. Grand, to whom all pretrial matters have been referred pursuant to 28
U.S.C. § 1983, filed a report and recommendation that summary judgment be granted.
(Dkt. # 163.) Shortly after, on May 30, the parties submitted a stipulated motion to
dismiss Defendants with prejudice. (Dkt. # 165.) As a result, the report and
recommendation is moot, as is the underlying summary judgment motion. Accordingly,
IT IS ORDERED that the stipulated motion to dismiss Defendants Toth and Brust
(Dkt. # 165) is GRANTED. As agreed in the motion, the dismissal is WITH PREJUDICE.
IT IS FURTHER ORDERED that the magistrate judge’s report and
recommendation (Dkt. # 163) is TERMINATED AS MOOT.
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Full names for Defendants do not appear in the pleadings. Detective Brust was
incorrectly pled as “Burst.” (Dkt. # 163, Pg. ID 3436.)

IT IS FURTHER ORDERED that the underlying summary judgment motion (Dkt.
# 157) is TERMINATED AS MOOT.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

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Dated: June 7, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 7, 2017, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\15-10103.CHOMOS.dismiss.defendants.terminate.R&R.TLH.docx

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