Jordan #125764 v. Chrysler et al

Filing 110

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION with respect to the disposition of the pending motions 103 ; Plaintiffs motion to amend the complaint (Dkt. No. 74) is GRANTED. The proposed amended complaint (Dkt. No. 74, Atta ch. 1) is allowed. Laura Heinritz, Peggy Carberry, and Bradley Haynie are added as parties to this case (Count IV). Plaintiffs motion for partial summary judgment (Dkt. No 88) is DENIED. The motion for summary judgment filed by Defendant Lynne Phill ipson (Dkt. No. 97) is GRANTED, and the motion for summary judgment filed by the other Defendants (Dkt. No. 67) is GRANTED IN PART and DENIED IN PART; Defendant Patricia Caruso is DISMISSED WITH PREJUDICE, PARTIAL JUDGMENT is awarded in favor of the remaining Defendants (David Bergh and Gerald Riley). With respect to the Sabbath-work claim in Count I of the amended complaint, Defendant Caruso is DISMISSED WITH PREJUDICE. Defendants Schroeder and Bergh remain as parties. Count II of the amended c omplaint is DISMISSED WITH PREJUDICE.Count IIA of the amended complaint is DISMISSED WITH PREJUDICE. With respect to Count III of the amended complaint, Defendant Caruso is DISMISSED WITH PREJUDICE. PARTIAL JUDGMENT is awarded in favor of the remaini ng Defendants (Debra Olger, Denver McBurney, and Jeffrey Contreras). With respect to Count IV of the amended complaint, Defendant Caruso is DISMISSED WITH PREJUDICE. PARTIAL JUDGMENT is awarded in favor of Defendants Ann Barsch, James Alexander, and Lynne Phillipson. Defendants Denver McBurney, Scott Schooley, Christopher Crysler, and Cherie Konrad are DISMISSED WITHOUT PREJUDICE. PARTIAL JUDGMENT is awarded in favor of all Defendants with respect to Plaintiffs claim that Defendants engaged in a conspiracy to discriminate against him. Defendants Govern, Niemi, Laitinen, and Niemisto remain as parties to Count IV, in addition to the newly-added parties, Heinritz, Haynie, and Carberry; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

U N I T E D STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

R O N A L D JORDAN, P l a in tif f , F ile No. 2:08-CV-261 v. H O N . ROBERT HOLMES BELL P A T R IC IA CARUSO, et. al, D e f e n d a n ts . / ORDER F o r the reasons stated in the opinion entered this date, I T IS HEREBY ORDERED THAT the Report and Recommendation of the M a g i str a te Judge (Dkt. No. 103) is APPROVED IN PART, and REJECTED IN PART w ith respect to the disposition of the pending motions. I T IS FURTHER ORDERED THAT Plaintiff's motion to amend the complaint (D k t. No. 74) is GRANTED. The proposed amended complaint (Dkt. No. 74, Attach. 1) is a llo w e d . Laura Heinritz, Peggy Carberry, and Bradley Haynie are added as parties to this ca se (Count IV). I T IS FURTHER ORDERED THAT Plaintiff's motion for partial summary ju d g m e n t (Dkt. No 88) is DENIED. 1

I T IS FURTHER ORDERED THAT the motion for summary judgment filed by D e f e n d a n t Lynne Phillipson (Dkt. No. 97) is GRANTED, and the motion for summary ju d g m e n t filed by the other Defendants (Dkt. No. 67) is GRANTED IN PART and D E N IE D IN PART, as follows: W ith respect to the group-worship claim in Count I of the amended complaint: · · D e f e n d a n t Patricia Caruso is DISMISSED WITH PREJUDICE. P A R T I A L JUDGMENT is awarded in favor of the remaining Defendants (D av id Bergh and Gerald Riley). W ith respect the Sabbath-work claim in Count I of the amended complaint: · · D e f e n d a n t Caruso is DISMISSED WITH PREJUDICE. D e f e n d a n ts Schroeder and Bergh remain as parties.

C o u n t II of the amended complaint is DISMISSED WITH PREJUDICE. C o u n t IIA of the amended complaint is DISMISSED WITH PREJUDICE. W ith respect to Count III of the amended complaint: · · D e f e n d a n t Caruso is DISMISSED WITH PREJUDICE. P A R T I A L JUDGMENT is awarded in favor of the remaining Defendants (D eb ra Olger, Denver McBurney, and Jeffrey Contreras). W ith respect to Count IV of the amended complaint: · D e f e n d a n t Caruso is DISMISSED WITH PREJUDICE.

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P A R T I A L JUDGMENT is awarded in favor of Defendants Ann Barsch, J a m e s Alexander, and Lynne Phillipson.

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D e f en d a n ts Denver McBurney, Scott Schooley, Christopher Crysler, and C h e rie Konrad are DISMISSED WITHOUT PREJUDICE.

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P A R T I A L JUDGMENT is awarded in favor of all Defendants with respect to Plaintiff's claim that Defendants engaged in a conspiracy to discriminate a g a in s t him.

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D e f e n d a n ts Govern, Niemi, Laitinen, and Niemisto remain as parties to C o u n t IV, in addition to the newly-added parties, Heinritz, Haynie, and C a r b e r r y.

Dated: August 10, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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