Williams v. Andreopoulos & Hill, LLC ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD WILLIAMS, Plaintiff, Case Number 19-10283 v. Honorable David M. Lawson Magistrate Judge Anthony P. Patti ANDREOPOULOS & HILL, L. LOUIS ANDREOPOULOS, DAVID T. HILL, JOSPEH AWADA, TODD RUTLEDGE, BRIAN J. WAGNER, EVAN PAPPAS, FANCY YALDO, AMANDA ARAFAT, ORDER ADOPTING REPORT SALLY KAYE RAHN, DAVID AYYASH, AND RECOMMENDATION, KRISTINA BREWART, JULES PALM, DISMISSING WITHOUT S. K. RAHN, MICHELLE HUNTOON, PREJUDICE CLAIMS AGAINST KYLE BRYANT, JON COSTIGAN, DEFENDANTS HUNTOON AND ZENA NAJI, LYNN CZUBAY, HAWRAA NAJI, AND DENYING AS MOOT AL-ARIDHT, ROBERT HAMMER, and DEFENDANTS HUNTOON’S RHONDA RAINES, AND NAJI’S MOTION TO DISMISS Defendants, and EDWARD WILLIAMS, Cross-Plaintiff, v. WENDY POTTS, Cross-Defendant, and EDWARD WILLIAMS, Cross-Plaintiff, v. WENDY M. BAXTER and LESLIE KIM SMITH, Cross-Defendants, _____________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING WITHOUT PREJUDICE CLAIMS AGAINST DEFENDANTS HUNTOON AND NAJI, AND DENYING AS MOOT DEFENDANTS HUNTOON’S AND NAJI’S MOTION TO DISMISS Presently before the Court is the report issued on April 15, 2022 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b) regarding defendants Michelle Huntoon’s and Zena Naji’s motion to dismiss. The report recommends that the Court construe the plaintiff’s responses as motions to voluntarily dismiss defendants Huntoon and Naji, grant said motions, and deny Huntoon’s and Naji’s motion to dismiss as moot. The deadline for filing objections to the report has passed, and 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. Accordingly, it is ORDERED that the report and recommendation (ECF No. 138) is ADOPTED. It is further ORDERED that plaintiff’s responses to the motion to dismiss by defendants Huntoon and Naji (ECF Nos. 133, 134) shall be construed as motions to voluntarily to dismiss Huntoon and Naji pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and that said motions are GRANTED. It is further ORDERED that all claims against defendants Huntoon and Naji are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that the motion to dismiss by defendants Huntoon and Naji (ECF No. 120) is DENIED as moot. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: May 5, 2022