Brummeler et al v. Bushy et al

Filing 56

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 52 ; denying objection 53 ; denying motion for sanctions 46 ; remanding case to Mecosta County Circuit Court; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES J. BRUMMELER, et al.,
Case No. 1:14-cv-866

Plaintiffs,
v.

HON. JANET T. NEFF

TABBER JAMES BUSHY, et al.,
Defendants.
_______________________________/

OPINION AND ORDER
This matter is presently before the Court on Defendant In & Out LLC’s Objection (Dkt 53)
to the Report and Recommendation (Dkt 52) of the Magistrate Judge, recommending that this Court
deny the imposition of sanctions against the pro se plaintiff parties and deny Defendant In & Out
LLC’s motion for sanctions (Dkt 46). Plaintiffs have filed a Response (Dkt 55). The parties have
stipulated that with the dismissal of Defendant Freddie Mac, the Court lacks jurisdiction and this
case should be remanded to state court upon the resolution of the pending motion for sanctions.
In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has
performed de novo consideration of those portions of the Report and Recommendation to which
objections have been made. The Court determines that the Magistrate Judge carefully and
thoroughly considered the record, the parties’ arguments, and the governing law. The assertions and
arguments in Defendant In & Out LLC’s Objection do not persuade the Court otherwise and do not
demonstrate any factual or legal error in the Magistrate Judge’s analysis or conclusion. For the
reasons stated in the Report and Recommendation, the Court agrees that the motion for sanctions

is properly denied.

Accordingly, the Court will adopt the Magistrate Judge’s Report and

Recommendation as the Opinion of this Court and enter a Judgment consistent with this Opinion and
Order. See FED. R. CIV. P. 58.
THEREFORE, IT IS ORDERED that the Objection (Dkt 53) is DENIED, and the Report
and Recommendation (Dkt 52) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant In & Out LLC’s motion for sanctions (Dkt
46) is DENIED.
IT IS FURTHER ORDERED that this case is remanded to Mecosta County Circuit Court.

Dated: September 21, 2015

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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