Miller v. Hanwha L&C Monroe Plant

Filing 79

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFFS COMPLAINTS against Defendants Kim, Lee, and Kirkland without prejudice re 73 Report and Recommendation Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRICK DESHAWN MILLER,
DARREN WALLACE CHAPPELL,
and STACEY SIMEON HALL,
Plaintiffs,

Case No. 15-12500
Hon. Marianne O. Battani

v.
HANWHA L&C MONROE PLANT,
et al.,
Defendants.
____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFFS’ COMPLAINTS
Plaintiffs Derrick Miller, Darren Chappell, and Stacey Hall filed complaints
alleging employment discrimination under Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 200 et seq., and 42 U.S.C. § 1981 against Defendants Hanwha L&C Monroe
plant, Cathy Garello-Deron, Chang-Bum Kim, Sang Mook Lee, Dennis Kirkland, and the
Equal Employment Opportunity Commission and four of its employees. The Court
consolidated the three cases in March 2016, under the lead case, 15-12500. Before the
consolidation, the Court dismissed Chang-Bum Kim, Sang Mook Lee, and Dennis
Kirkland from Hall’s case. The dismissal did not apply to Miller’s complaint or
Chappell’s complaint. The Court subsequently referred all pretrial matters to Magistrate
Judge David R. Grand pursuant to 28 U.S.C. § 636(b)(1)(b). (Doc. No. 13).
On May 26, 2017, the Magistrate Judge recommended that the Court dismiss
Defendants Kim, Lee, and Kirkland from the Miller and Chappell complaints without

prejudice for failure to serve. The Magistrate Judge informed the parties that objections
to the Report and Recommendation ("R&R") must be filed within fourteen days of
service and that a party’s failure to file objections would waive any further right of
appeal. See, (Doc. No. 73 at 5).
Because no objection has been filed in this case, the parties waived their right to
review and appeal. Moreover, the Courts finds the analysis thoroughly recounted the
procedural history and properly applied the governing law in reaching the
recommendation to dismiss the three Defendants without prejudice for failure to timely
serve them.
Accordingly, the Court ADOPTS the Magistrate Judge’s recommendations
DISMISSES Plaintiffs’ claims against Defendants Kim, Lee, and Kirkland without
prejudice.
IT IS SO ORDERED.

Date: July 31, 2017

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on July 31, 2017.
s/ Kay Doaks
Case Manager

2