The Chippewa County War Memorial Hospital v. Michigan Nurses Association

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION 23 re 30 , 25 , 13 , 11 : Defendant's Motion to Strike 30 is GRANTED and Plaintiff's Reply 29 is STRICKEN; Plaintiff's Motion for Summary Judgment 13 is DENIED; Defendant's Cro ss-Motion for Summary Judgment 11 is GRANTED; Defendant's request for attorney's fee is GRANTED and Defendant's Motion for Rule 11 Sanctions 25 is DENIED AS MOOT; Defendant to file re fees within 14 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHIPPEWA COUNTY WAR MEMORIAL HOSPITAL, Plaintiff, Case No. 2:16-CV-192 v. HON. GORDON J. QUIST MICHIGAN NURSES ASSOCIATION, Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION In accordance with the Opinion entered today, IT IS HEREBY ORDERED that Defendant’s Motion to Strike Plaintiff’s Reply in Support of Objections (ECF No. 30) is GRANTED. Plaintiff’s Reply (ECF No. 29) is STRICKEN and Plaintiff’s alternative request for leave to file a reply is DENIED. IT IS FURTHER ORDERED that Magistrate Judge Timothy Greeley’s January 31, 2017, Report and Recommendation (ECF No. 23) is ADOPTED as the Opinion of this Court, and Plaintiff’s Objections (ECF No. 24) are OVERRULED. IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No. 13) is DENIED and Defendant’s Cross-Motion for Summary Judgment (ECF No. 11) is GRANTED. IT IS FURTHER ORDERED that Defendant’s request for attorney’s fees is GRANTED, and Defendant’s Motion for Rule 11 Sanctions (ECF No. 25) is DENIED AS MOOT. IT IS FURTHER ORDERED that, in the first instance, the parties shall attempt to resolve between themselves the reasonable amount of attorney’s fees to which Defendant is entitled. If the parties reach agreement, Defendant shall file a stipulated order setting forth the amount of fees. In the event the parties are unable to reach agreement, Defendant shall file a properly-supported motion for determination of fees within fourteen (14) days of the date of this Order. Dated: August 11, 2017 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE 2

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