Pompy v. Monroe Bank and Trust

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LESLY POMPY,

Plaintiff, Case Number 19-10334 v. Honorable David M. Lawson Magistrate Judge Anthony P. Patti TINA TODD, JESSICA CHAFFIN, JACK VITALE, MARC MOORE, ROBERT BLAIR, JON LASOTTA, SHAWN KOTCH, BRIAN BISHOP, SHELLY EDGERTON, SEAN M. SIEBIGTEROTH, KIM GAEDEKE, VAUGHN HAFNER, and DINA YOUNG,

Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART MOTION TO DISMISS, AND STAYING PROCEEDINGS AGAINST DEFENDANTS BLAIR AND LASOTTA ONLY Presently before the Court is a report issued on October 30, 2020 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part a motion to dismiss filed by the Monroe County defendants, dismiss all of the claims against some of the moving defendants but only some of the claims against others, and stay the proceedings on the surviving claims against two remaining County defendants. Although the magistrate judge’s report stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. The Court therefore will adopt the magistrate judge’s recommendations. Accordingly, it is ORDERED that the report and recommendation (ECF No. 106) is ADOPTED, and the defendants’ motion to dismiss (ECF No. 97) is GRANTED IN PART AND DENIED IN PART.

It is further ORDERED that all of the plaintiff's claims against defendants Tina Todd, Jessica Chafin, and Jack Vitale are DISMISSED WITH PREJUDICE. It is further ORDERED that the claims against defendants Robert Blair and Jon LaSotta based on their involvement with a search of the plaintiff’s home and office and seizure therein of his medical and financial records are DISMISSED WITH PREJUDICE. It is further ORDERED that the defendants’ motion to dismiss is DENIED in all other respects. However, the proceedings on the remaining claims against defendants Blair and LaSotta are STAYED until further order of the Court. It is further ORDERED that the referral of the case to the assigned magistrate judge under

the previous order of reference is CONTINUED. s/David M. Lawson DAVID M. LAWSON United States District Judge

Date: November 23, 2020