Warren v. Federal Reserve Bank of Chicago et al
Filing
51
OPINION and ORDER (1) Rejecting Plaintiff's Objections to the Magistrate Judge's Report and Recommendation, (2) Adopting Magistrate Judge's 47 Report and Recommendation Granting Defendant Federal Reserve Bank of Chicago's 2 Mo tion to Dismiss, and Granting In Part and Denying In Part Defendant Federal Reserve Bank of Chicago's 23 Motion to Vacate Post-Removal State Court Writ of Garnishment and for Sanctions, and (3) Denying as Moot Plaintiff's Remaining Motions 7 12 20 25 26 28 31 33 35 37 39 41 43 . Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DASHONTA D. WARREN,
Plaintiff,
Case No. 17-13256
Honorable Linda V. Parker
v.
FEDERAL RESERVE BANK OF
CHICAGO AND
NANCY BRZEZINSKI,
Defendant.
________________________________/
OPINION AND ORDER (1) REJECTING PLAINTIFF’S OBJECTIONS TO
THE MAGISTRATE JUDGE’S JULY 18, 2018 REPORT AND
RECOMMENDATION, (2) ADOPTING MAGISTRATE JUDGE’S JULY
18, 2018 REPORT AND RECOMMENDATION GRANTING DEFENDANT
FEDERAL RESERVE BANK OF CHICAGO’S MOTION TO DISMISS
(ECF NO. 2) AND GRANTING, IN PART, AND DENYING, IN PART,
DEFENDANT FEDERAL RESERVE BANK OF CHICAGO’S MOTION TO
VACATE POST-REMOVAL STATE COURT WRIT OF GARNISHMENT
AND FOR SANCTIONS (ECF NO. 23), AND (3) DENYING, AS MOOT,
PLAINTIFF’S REMAINING MOTIONS (ECF NOS. 7, 12, 20, 25, 26, 28, 31,
33, 35, 37, 39, 41, & 43)
On August 31, 2017, Plaintiff Dashonta D. Warren initiated this lawsuit
against Defendant Federal Reserve Bank of Chicago1 and Nancy Brzezinski in the
Third Circuit Court for the County of Wayne, Michigan. (ECF No. 1.) Plaintiff
1
For purposes of this Opinion and Order, “Defendant” will refer to the Federal
Reserve Bank of Chicago.
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alleges state law claims of breach of contract, breach of trust, breach of fiduciary
duty, and breach of trust with fraudulent intent for a fifty million dollar promissory
note Plaintiff allegedly entered into with Defendant. (ECF No. 1-2 at Pg ID 7.)
On October 4, 2017, Defendant removed this action to federal court. (ECF No. 1.)
This matter is presently before the Court on Defendant’s Motion to Dismiss, filed
October 6, 2017, and Motion to Vacate Post-Removal State Court Writ of
Garnishment and for Sanctions, filed November 10, 2017. (ECF Nos. 2 & 23.)
This matter has been referred for all pretrial matters to Magistrate Judge Mona K.
Majzoub.
Plaintiff currently has thirteen motions pending before this Court. (ECF
Nos. 7, 12, 20, 25, 26, 28, 31, 33, 35, 37, 39, 41, & 43.) On July 18, 2018,
Magistrate Judge Majzoub issued a report and recommendation (“R&R”)
recommending that this Court grant Defendant’s motion to dismiss Plaintiff’s
Complaint pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6).
(ECF No. 57.) At the conclusion of the R&R, Magistrate Judge Majzoub informed
the parties that they must file any objections to the R&R within fourteen days.
Plaintiff filed objections on July 27, 2018. (ECF No. 48.)
Standard of Review
When objections are filed to a magistrate judge’s report and
recommendation on a dispositive matter, the Court “make[s] a de novo
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determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). The Court,
however, “is not required to articulate all of the reasons it rejects a party’s
objections.” Thomas v. Halter, 131 F. Supp. 2d 942, 944 (E.D. Mich. 2001)
(citations omitted). A party’s failure to file objections to certain conclusions of the
report and recommendation waives any further right to appeal on those issues. See
Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.1987).
Likewise, the failure to object to certain conclusions in the magistrate judge’s
report releases the Court from its duty to independently review those issues. See
Thomas v. Arn, 474 U.S. 140, 149 (1985).
Analysis
The Court has reviewed Plaintiff’s objections to Magistrate Judge Majzoub’s
decision granting Defendant’s motion to dismiss and motion to vacate the state
writ of garnishment2 and rejects Plaintiff’s objections. Plaintiff requests that the
Court take judicial notice of the Just Compensation Clause of the Fifth
Amendment and that Defendant Brzezinski was served. (ECF No. 48 at Pg ID
1119.) However, these objections do not provide a basis for the Court to reject the
R&R. As Magistrate Judge Majzoub concluded, Plaintiff’s Complaint fails
2
Plaintiff did not object to Magistrate Judge Majzoub’s decision on the motion to
vacate.
3
because Plaintiff cannot show mutuality of agreement as Plaintiff forged
Defendant’s signature on the promissory note. Moreover, Magistrate Judge
Majzoub found that Plaintiff’s Complaint does not meet the basic pleading
requirements of Federal Rule of Procedure 8(a)(2). Therefore, this Court is
affirming Magistrate Judge Majzoub’s decision granting Defendant’s motion to
dismiss.
As to Plaintiff’s second objection, even if Defendant Brzezinski was
properly served, that would not prevent Plaintiff’s Complaint from being
dismissed. As articulated by Magistrate Judge Majzoub and stated above,
Plaintiff’s Complaint fails to state a claim for which relief can be granted.
Magistrate Judge Majzoub extensively analyzed Plaintiff’s claims pursuant to Rule
12(b)(6) and found that Defendant never signed the promissory note. As such,
whether Defendant Brzezinski was served is irrelevant. (See ECF No. 47 at Pg ID
1109.)
The Court, therefore, is rejecting Plaintiff’s objections to the R&R and
adopting Magistrate Judge Majzoub’s recommendation.
Accordingly,
IT IS ORDERED that the Court REJECTS Plaintiff’s objections and
ADOPTS Magistrate Judge Mona K. Majzoub’s July 18, 2018 Report and
Recommendation (ECF No. 47); and
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IT IS FURTHER ORDERED that Defendant Federal Reserve Bank of
Chicago’s Motion to Dismiss (ECF No. 2) is GRANTED; and
IT IS FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED;
and
IT IS FURTHER ORDERED that Defendant Federal Reserve Bank of
Chicago’s Motion to Vacate Writ of Garnishment and for Sanctions (ECF No. 23)
is GRANTED, in part, and DENIED, in part; and
IT IS FURTHER ORDERED that the motion to vacate is granted to the
extent that the state writ of garnishment entered in this matter before the Wayne
County Third Judicial Circuit Court is VACATED; and
IT IS FURTHER ORDERED that the motion to vacate is denied as to
sanctions being imposed at this time; and
IT IS FURTHER ORDERED that Plaintiff’s remaining Motions (ECF
Nos. 7, 12, 20, 25, 26, 28, 31, 33, 35, 37, 39, 41, & 43) are DENIED as moot; and
IT IS FURTHER ORDERED that Plaintiff shall obtain leave of Court
before filing any motions in this matter; and
IT IS FURTHER ORDERED that failure to comply with this order shall
result in sanctions, including monetary sanctions, as deemed appropriate by the
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Court.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: August 29, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, August 29, 2018, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager
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