Batson v. Hoover et al

Filing 66

ORDER dismissing claims against certain defendants and directing the Clerk of Court to correct the electronic docket. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR BATSON,
Plaintiff,

Case Number 17-12214
Honorable David M. Lawson

v.
GENESEE COUNTY SHERIFF’S DEPUTY
HOOVER, LT. LEONA BROECKER, SGT.
KENNAMER, DEPUTY LEONOWICZ,
and GENESEE COUNTY,
Defendants.
/

ORDER DISMISSING CLAIMS AGAINST CERTAIN DEFENDANTS AND
DIRECTING CLERK OF COURT TO CORRECT THE ELECTRONIC DOCKET
On August 13, 2018, after the case was reassigned to the undersigned, the Court held a
status conference with counsel for the parties. During that conference the parties indicated that the
plaintiff had filed an amended complaint which omitted certain defendants named in the original
complaint. The parties also noted that the amended complaint sued two defendants named as
“Hoover,” but only one person by that name was meant to be a defendant. The parties later
stipulated to dismiss with prejudice the plaintiff’s claims against defendant “Nathan Hoover,” and
the Court entered an order based on that stipulation on August 16, 2018. It also appears that, when
the amended complaint was filed, the excess parties named in the original complaint were not
terminated on the electronic docket, and defendant Genesee County, which was named in the
amended complaint, was not added to the electronic docket. Moreover, the nomenclature of certain
defendants was altered between the original and amended pleadings. The Court previously directed
the parties to file an appropriate stipulation to correct the caption, but they evidently were unable
to reach an agreement. Therefore, in order to reconcile the record of the proceedings with the
nomenclature of the parties in the amended complaint, the Court will dismiss the claims against

the previously named defendants who were not named in the amended complaint and direct the
Clerk of Court to make corrections to the electronic docket as set forth below. The Court also will
dismiss as moot the motion for summary judgment filed by former defendant Nathan Hoover, since
the plaintiff’s claims against that defendant were dismissed with prejudice.
“Generally, amended pleadings supersede original pleadings.” Hayward v. Cleveland
Clinic Found., 759 F.3d 601, 617 (6th Cir. 2014) (quoting 6 Wright & Miller, Federal Practice and
Procedure § 1476 (3d ed.2010) (“Once an amended pleading is interposed, the original pleading
no longer performs any function in the case and any subsequent motion made by an opposing party
should be directed at the amended pleading.”)). Therefore, the plaintiff “may not rely on claims
asserted in a former complaint if a subsequent, voluntarily amended complaint does not include
those claims.” Ibid. (citing Clark v. Johnston, 413 F. App’x 804, 811-12 (6th Cir. 2011)). Where
the plaintiff does not “‘clearly indicate that he intended his amended pleading to supplement, rather
than supersede, his original pleading,’ [the Court should] consider only the amended complaint”
in all further proceedings. Ibid. (quoting Clark, 413 F. App’x at 812).
Accordingly, it is ORDERED that the Clerk of Court shall CORRECT the electronic
docket to replace the reference to defendant “Genesee County Sheriffs Deputy Hoover” with
“Genesee County Sheriff’s Deputy Hoover.”
It is further ORDERED that the references to “Genesee County Sheriffs Deputy Lt.
Broecker” and “Leona Broecker” shall be replaced with “Lt. Leona Broecker.”
It is further ORDERED that the reference to “Genesee County Sheriffs Deputy Sgt.
Kennamer” shall be replaced with “Sgt. Kennamer.”
It is further ORDERED that the references to “Genesee County Sheriffs Deputy N.
Leonowicz” and “Leonowicz” shall be replaced with “Deputy Leonowicz.”

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It is further ORDERED that the Clerk shall CORRECT the electronic docket to add
Genesee County as a defendant.
It is further ORDERED that the plaintiff's claims against all of the following defendants
are DISMISSED, and the Clerk of Court shall CORRECT the electronic docket to remove all of
the following as parties to this matter: Genesee County Sheriffs Deputy Sgt. Eckert, Deputy M.
Wing, Deputy M. Holland, Deputy M. Mendez, Deputy J. Salyers, Deputy W. Rogers, Deputy F.
Verhelst, Deputy P. Burt, Deputy A. Chene, Deputy J. Shaw, Deputy D. Berlanga, Deputy P.
Gillman, Deputy T. Hunter, Deputy Sgt. Preece, Deputy N. Kirby, Deputy Bouchard, Deputy J.
Walker, Deputy Gould, Deputy J. Macy, Deputy Taylor, Deputy M. Skinner, Deputy Clayton,
Deputy Henry, Deputy N. Rainwater, Deputy Desisto, Deputy Rebidas, Deputy Morgan, Deputy
N. Brooks, Deputy D. Smith, Deputy F. Cobbin, Deputy Sgt. Stemper, Deputy Pascal, Deputy J.
Thomas, Deputy M. Scott, Deputy T. Winston, Deputy Railing, Deputy Brown, Deputy Fuller,
Deputy McIntosh, Deputy C. Smith, Deputy C. Walker, Deputy Honeycutt, Deputy Beagle,
Deputy Frazier, Deputy Lasky, Deputy Krieger, Deputy Mims, Deputy Sanchez, Deputy G.
Howard, Deputy R. Finn, Deputy G. Zofchak, Deputy L. Mercer, Deputy M. Johnson, Deputy R.
Smith, Deputy C. Sheroski, Deputy S. Poole, Deputy R. Mason, Deputy Sgt. Marsh, Deputy Watts,
Deputy T. Howard, Deputy Bueche, Deputy M. Scott, Deputy C. Scott, Deputy J. Snow, Deputy
Manley, Deputy C. Brock, Deputy C. Boyd, Deputy S. Banks, Deputy J. McWilliams, Deputy M.
Zilinski, Deputy A. Herzog, Deputy J. Rice, Dennis M. Lloyd, DO, S. Warner, RN, A. Rodgers,
RN, J. Bexton, LPN, S. Stebbins, LPN, L. Cool, RN, Cheryl Wyms, and B. Keaton.
It is further ORDERED that the defendant’s motion to amend or correct the electronic
docket [64] is DENIED as moot.

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It is further ORDERED that the motion for summary judgment by former defendant
Nathan Hoover [46] is DISMISSED as moot.
It is further ORDERED that if the plaintiff’s intentions with respect to the nomenclature
or disposition of the claims against any of the parties affected by this order are otherwise than as
set forth above, then he may file an appropriate motion for further relief on or before September
12, 2018.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: September 5, 2018
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was
served upon each attorney or party of record herein by
electronic means or first class U.S. mail on September 5, 2018.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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