Forrester et al v. Clarenceville School District et al
OPINION AND ORDER terminating as moot 50 Motion for Certificate of Appealability. Signed by District Judge Robert H. Cleland. (LWag)
Case 3:20-cv-12727-RHC-DRG ECF No. 60, PageID.822 Filed 09/07/21 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
EMMALEE FORRESTER, et al.,
Case No. 20-12727
CLARENCEVILLE SCHOOL DISTRICT,
OPINION AND ORDER TERMINATING AS MOOT
PLAINTIFFS’ MOTION FOR CERTIFICATE OF APPEALABILITY
UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b)
Plaintiffs are former students at Clarenceville School District who were allegedly
harassed and assaulted by a choir and theater teacher, Defendant Jason Debandt.
(ECF No. 13, PageID.141.) Before the court is Plaintiffs’ “Motion for Fed. R. Civ. P.
54(b) Certification” (ECF No. 50), requesting an immediate appeal of the court’s order
that granted in part a motion to dismiss brought by Defendants Clarenceville School
District, Bergeron, Kantor, Nelson, Shephich, and Valentine (collectively referred to as
“Clarenceville Defendants”). (ECF No. 44.)
However, on August 20, 2021, Plaintiffs and the Clarenceville Defendants
stipulated to dismiss all claims against the Clarenceville Defendants, and the court
entered an order to that effect. (ECF No. 59.) The Clarenceville Defendants are no
longer parties to this case, rendering Plaintiffs’ motion moot. Accordingly,
Case 3:20-cv-12727-RHC-DRG ECF No. 60, PageID.823 Filed 09/07/21 Page 2 of 2
IT IS ORDERED that Plaintiff’s “Motion for Fed. R. Civ. P. 54(b) Certification”
(ECF No. 50) is TERMINATED AS MOOT.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 7, 2021
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 7, 2021, by electronic and/or ordinary mail.
Case Manager and Deputy Clerk
S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\20-12727.FORRESTER.MotionForCertificateOfAppealability.MAZ.docx
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