Halliday et al v. Frase et al

Filing 41

ORDER denying Motion for Leave to Amend 40 ; APPROVING AND ADOPTING REPORT AND RECOMMENDATION 36 ; Plaintiffs' claims against unserved defendants Stephen Smith and "20 John and Jane Does" are dismissed; Plaintiffs' claims for da mages against Michigan's Secretary of State Ruth Johnson in her official capacity are barred by Eleventh Amendment immunity and are DISMISSED; Rule 12(b)(1) motion to dismiss by Comptroller of Currency Otting and Securities and Exchange Commissi oner Clayton 28 is granted and all claims against these defendants are dismissed for lack of jurisdiction; the Rule 12(b)(6) motion by these defendants 28 is dismissed without prejudice; motions to dismiss filed by defendants Fraser, Beckman, S chneiderman & Sherman, Michigan's Secretary of State Ruth Johnson, CitiMortgage, and MERS 12 , 15 , 17 are granted, and these defendants are dismissed; the case shall proceed as to Defendant Sheriff Stephen Kempker only; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL R. HALLIDAY, et al.,
Plaintiff,
File no: 1:18-CV-44
v.
HON. ROBERT J. JONKER
STEPHEN SMITH, et al.,
Defendants.
/
ORDER APPROVING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on September 3, 2018 (ECF No. 36).

The Report and

Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C.
§ 636(b)(1)(C). Plaintiffs filed a motion to amend complaint without any statement of what the basis
for amendment would be. (ECF No. 40). The period for leave to amend as a matter of course has
expired; no defendant has consented to a proposed amendment; and the Court finds no basis to grant
leave to amend. FED. R. CIV. P. 15(a).
ACCORDINGLY, IT IS ORDERED that the Motion for Leave to Amend (ECF No. 40)
is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate
Judge (ECF No. 36) is approved and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiffs’ claims against unserved defendants Stephen
Smith and “20 JOHN and JANE DOES” are DISMISSED under Rule 4(m) of the Federal Rules of
Civil Procedure.

IT IS FURTHER ORDERED that Plaintiffs’ claims for damages against Michigan’s
Secretary of State Ruth Johnson in her official capacity are barred by Eleventh Amendment
immunity and are DISMISSED.
IT IS FURTHER ORDERED that the Rule 12(b)(1) motion to dismiss by the Comptroller
of Currency Otting and Securities and Exchange Commissioner Clayton (ECF No. 28) is
GRANTED, and all claims against these defendants are dismissed for lack of jurisdiction. The Rule
12(b)(6) motion by these defendants (ECF No. 28) is DISMISSED without prejudice.
IT IS FURTHER ORDERED that the motions to dismiss filed by defendants Fraser,
Beckman, Schneiderman & Sherman, Michigan’s Secretary of State Ruth Johnson, CitiMortgage,
and MERS (ECF Nos. 12, 15, 17) are GRANTED, and these defendants are dismissed.
This case shall proceed as to defendant Sheriff Stephen Kempker only.

Date:

September 27, 2018

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE