Burrell et al v. MGM Casino et al

Filing 13

ORDER Striking 11 defendant's Objection. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARCIA BURRELL,
CARMEN EDWARDS, et al.,
Plaintiffs,
CASE NO. 16-CV-10568
HONORABLE GEORGE CARAM STEEH

v.
MGM GRAND CASINO DETROIT, et al.,
Defendants.
/

ORDER STRIKING DEFENDANT’S OBJECTION (Doc. 11)
Defendant MGM Grand Casino Detroit has filed an “objection” to the certificate of
service/summons returned as to defendant MGM Resorts, International, stating that the
certificate of service is invalid. The Federal Rules of Civil Procedure and the Local Rules
do not provide for adjudication of the issue of whether service is proper via an “objection.”
The proper vehicle for attacking the validity of service is a motion to dismiss for insufficient
service of process pursuant to Federal Rule of Civil Procedure 12(b)(5). The Rules provide
for a response to such a motion and the filing of written brief to support the motion, without
which the court lacks the necessary predicate to issue a ruling. Accordingly, defendant’s
objection was improvidently filed and is STRICKEN from the record.
IT IS SO ORDERED.
Dated: July 25, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 25, 2016, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk