Rajapakse v. Credit Acceptance Corporation et al
Filing
138
ORDER (1) Denying Plaintiff's 137 Motion to Stay and (2) Directing Plaintiff to Inform the Court if She Wishes to File Separate Objections to the 136 Report and Recommendation. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SAMANTHA RAJAPAKSE,
Plaintiff,
Case No. 17-cv-12970
Hon. Matthew F. Leitman
v.
CREDIT ACCEPTANCE CORP.,
Defendant.
__________________________________________________________________/
ORDER (1) DENYING PLAINTIFF’S MOTION TO STAY (ECF #137) AND
(2) DIRECTING PLAINTIFF TO INFORM THE COURT IF SHE WISHES
TO FILE SEPARATE OBJECTIONS TO THE REPORT AND
RECOMMENDATION (ECF #136)
On January 30, 2019, the assigned Magistrate Judge issued a report and
recommendation (the “R&R”) with respect to the following pending motions in this
action: (1) Defendants’ motion to dismiss (ECF #123), (2) Plaintiff’s motion for
summary judgment (ECF #119), (3) Plaintiff’s motion to expedite the return of her
vehicle (ECF #127), (4) Plaintiff’s motion to compel the return of her vehicle (ECF
#129), and a motion to amend her motion for summary judgment (ECF #134). (See
R&R, ECF #137.)
On January 31, 2019, Plaintiff filed a motion for an “immediate stay of all
proceedings” (the “Stay Motion”). (See ECF #137.) The Stay Motion includes
several attacks on the Magistrate Judge. The attacks on the Magistrate Judge are
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wholly without merit. In addition, the Stay Motion provides no basis, whatsoever,
for the requested stay of proceedings. Accordingly, the Stay Motion (ECF #137) is
DENIED.
The Court notes that the Stay Motion does appear to include some criticisms
of the legal conclusions reached in the R&R. It is not clear, however, whether
Plaintiff intended to include her objections to the R&R in the Stay Motion or if
Plaintiff intends to file her objections to the R&R in a separate document. Therefore,
Plaintiff is DIRECTED to inform the Court, in writing, by no later than February
8, 2019, whether (1) she would like the Court to consider the legal objections to the
R&R included in the Stay Motion to constitute her objections to the R&R or (2) she
intends to file a separate document that will include all of her legal objections to the
R&R. If Plaintiff intends to file a separate document that includes all of her legal
objections to the R&R, that document shall be filed with the Court no later than
February 13, 2019.
IT IS SO ORDERED
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 1, 2019
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 1, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764
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