Riddle #180984 et al v. Napel

Filing 79

ORDER ADOPTING REPORT AND RECOMMENDATION 55 , 69 , 60 , 64 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

MARCEL RIDDLE and
RYAN COBLEY,
Plaintiffs,

Case No. 2:13-CV-152

v.

HON. GORDON J. QUIST

ROBERT NAPEL, et al.
Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
On June 8, 2015, Magistrate Judge Greeley issued a Report and Recommendation (R & R)
in which he recommended that the Court deny Defendants’ motions for summary judgment as to
Defendant Napel and grant the motions as to the remaining Defendants. Defendants have filed an
objection, which the Court construes as a request for clarification. Defendants point out that the
magistrate judge found that Plaintiff Cobley’s claims against Defendant Napel should be dismissed,
but that was not made clear in the conclusion of the R &R. Plaintiffs have not filed objections to
the R & R.
Having reviewed the R & R and Defendants’ request for clarification, the Court will adopt
the R & R with the requested clarification. Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge
filed June 8, 2015 (dkt. # 69) is ADOPTED.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Defendants
Napel, Heyns, Alexander, Lutgens, Ehle, and Michelin (dkt. #55 ) is GRANTED in part and
DENIED in part. Plaintiffs’ claims against Defendants Heyns, Alexander, Lutgens, Ehle, and

Michelin, and Plaintiff Cobley’s claims against Defendant Napel, are DISMISSED. Plaintiff
Riddle’s claim against Defendant Napel may proceed.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Defendant
Grant (dkt. #60 ) is GRANTED. The claims against Defendant Grant are DISMISSED.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Defendants
Prokasch-Graves and Kocha (dkt. #64) is GRANTED. The claims against Defendants ProkaschGraves and Kocha are DISMISSED.

Dated: July 7, 2015

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

2