Abney v. City of Detroit Police Department ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEVON TERRELL ABNEY, Civil Action No. 22-11176 Plaintiff, Judith E. Levy v. United States District Judge David R. Grand CITY OF DETROIT POLICE OFFICER United States Magistrate Judge ALAA ALI, CITY OF DETROIT SHIFT PARTNER JOHN DOE, Defendants. __________________________________/ ORDER STRIKING DOCUMENT (ECF No. 19) The Court has reviewed defendant Officer Alaa Ali’s motion to dismiss and/or for summary judgment. (ECF No. 19). The Court STRIKES that document for the following reason(s): ☒ Missing statement of concurrence. See Local Rule (“LR”) 7.1(a). ☐ Missing required information (e.g., table of contents, concise statement of issues, controlling or most appropriate authority, index of authorities, index of exhibits, etc.). See LR 7.1(d)(2). ☐ Wrong font size or improperly formatted (e.g., single-spaced, improper margins, missing page numbers, etc.). See LR 5.1(a)(2),(3). ☐ Does not comply with Rule 19(b) of the Electronic Filing Policies and Procedures, regarding filing exhibits electronically. See LR 5.1.1(a). ☐ Does not comply with Local Rule 5.3, regarding filing an item under seal in a civil case. ☐ Over-length. See LR 7.1(d)(3). ☐ Motion to dismiss/response to motion to dismiss relies primarily on summary judgment cases. ☐ Other: ______________________________________________. The document (ECF No. 19) is stricken and not part of the record. The document must be refiled in full compliance with the Local Rules by April 7, 2023. Should defendant Ali choose to refile the motion, he shall specifically address the applicability of the cited Michigan Court Rules and statutes to this case, which is founded on federal question jurisdiction, not diversity of citizenship. Cf. Blaha v. A.H. Robins and Co., 708 F.2d 238, 239-40 (6th Cir. 1983). IT IS SO ORDERED. Dated: March 24, 2023 s/ David R. Grand DAVID R. GRAND UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES REGARDING OBJECTIONS The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which provides a period of fourteen (14) days from the date of receipt of a copy of this order within which to file objections for consideration by the district judge under 28 U.S. C. § 636(b)(1). CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on March 24, 2023. s/Eddrey O. Butts EDDREY O. BUTTS Case Manager