Kaminski et al v. Coulter et al

Filing 130

ORDER GRANTING MOTION TO ADJOURN HEARINGS [#128], DENYING PLAINTIFFS MOTION FOR CLASS CERTIFICATION [#105] WITHOUT PREJUDICE AND STAYING CASE. Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES H. KAMINKSI, et al.,
Plaintiffs,
Case No.: 15-cv-12810
Honorable Gershwin A. Drain

v.

BRAD L. COULTER, et al.,
Defendants.
___________________________/
ORDER GRANTING MOTION TO ADJOURN HEARINGS [#128],
DENYING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION [#105]
WITHOUT PREJUDICE AND STAYING CASE
Presently before the Court is the Plaintiffs’ Motion to Adjourn Hearings on
August 21, 2017, and Clarify Case Evaluation Removal, filed on August 4, 2017.
Defendants filed a Response in Opposition on August 8, 2017.
In their present motion, the Plaintiffs request that the Court adjourn the
August 21, 2017 hearing on Defendants’ Motion for Summary Judgment and
Plaintiffs’ Motion to Certify Class. The Plaintiffs base their request on the recent
Sixth Circuit Court of Appeals’ decision concerning Defendant Clinton’s and
Defendant Khouri’s appeal of this Court’s denial of qualified immunity. Instead of
resolving the immunity issue however, the Sixth Circuit addressed the merits of the
Plaintiffs’ claims.

Specifically, the Sixth Circuit concluded that an “alleged

Contracts Clause violation cannot give rise to a §1983 claim . . . .” Kaminski v.
Coulter, No. 16-1768, 2017 U.S. App. LEXIS 13378, *17 (6th Cir. Jul. 25, 2017).
The Sixth Circuit further opined that Plaintiffs’ Due Process and Takings Clause
claims “fail[] on their merits[.]” Id. at * 20-21.
In this Court’s view, the law of the case doctrine would preclude further
action in this matter, other than dismissal of the action in its entirety. Because the
Plaintiffs have moved for rehearing in the Sixth Circuit Court of Appeals, the
mandate will not issue until their request for rehearing is resolved.

While the

Court retains jurisdiction over Defendants Brad L. Coulter, City of Lincoln Park,
Christopher Dardzinski, Mario DeSanto, Lisa Griggs, Thomas Murphy, Elliot
Zelenak, Frank Vaslo, and Mark Kandes, the Court finds that judicial economy
favors staying the instant matter until the Sixth Circuit has resolved the Plaintiffs’
request for rehearing.
Accordingly, Plaintiffs’ Motion to Adjourn Hearings [#128] is GRANTED.
Plaintiffs’ Motion to Certify Class [#105] is DENIED WITHOUT PREJUDICE.
This matter is STAYED until the Sixth Circuit Court of Appeals issues the
mandate.
SO ORDERED.
Dated: August 15, 2017

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge
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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 15, 2017, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk 

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