Eubanks v. Grand Rapids, City of et al

Filing 124

ORDER denying 117 motion to dismiss; granting 123 motion to substitute party and amending case caption; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT EUBANKS, Plaintiff, v. HONORABLE PAUL L. MALONEY Case No. 1:05-cv-620 CITY OF GRAND RAPIDS AND ADAM BAYLIS, Defendants. _________________________________/ ORDER DENYING MOTION FOR INVOLUNTARY DISMISSAL AND GRANTING MOTION TO SUBSTITUTE PARTY This matter is before the Court on Defendants' Motion for Involuntary Dismissal (Dkt. #117) and Phyllis Eubanks' Motion to Substitute Party (Dkt. #121). After consideration of the motion to dismiss and the response thereto, filed contemporaneously with the motion to substitute party, the Court being fully advised in the premises: IT IS HEREBY ORDERED that Defendants' Motion for Involuntary Dismissal (Dkt. #117) is DENIED. IT IS FURTHER ORDERED that Phyllis Eubanks' Motion to Substitute Party (Dkt. #123) is GRANTED. The plaintiff, Robert Eubanks, shall be substituted by Phyllis Eubanks, Personal Representative of the Estate of Robert Eubanks, Deceased. The case caption shall be amended to reflect this substitution. Date: January 8, 2010 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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