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Smith v. Food Bank of Eastern Michigan

United States District Court, E.D. Michigan, Southern Division

February 11, 2015

TRACEY SMITH, Plaintiff,
v.
THE FOOD BANK OF EASTERN MICHIGAN, Defendant.

ORDER DENYING PLAINTIFF'S OCTOBER 22, 2014 and NOVEMBER 25, 2014 REQUESTS (DE 8, DE 15 & DE 16)

ANTHONY P. PATTI, Magistrate Judge.

A. Background

Tracey Smith filed the instant lawsuit on October 2, 2014 alleging that she was wrongfully terminated from her employment on January 3, 2014 on the basis of racial discrimination and demanding, among other things, lost wages and compensatory damages for "embarrassment, mental anguish and loss of enjoyment." DE 1. He complaint also specifically alleges that she "was not an at will employee, " and was denied a disciplinary warning before termination, inferring that she may have also suffered a breach of contract. Along with her complaint, Plaintiff filed an application to proceed in district court without prepaying fees or costs. DE 2.

Two weeks later, on October 16, 2014, Plaintiff filed a request for service by the U.S. Marshal. DE 6. This request notes that, "[i]f the Judge grants service, you may have to pay the U.S. Marshal for the cost." Magistrate Judge Majzoub granted this request on October 21, 2014. DE 7.

B. Cost of Service

Currently before the Court is Plaintiff's October 22, 2014 request (DE 8) to reverse the Court's October 21, 2014 ruling (DE 7). Therein, plaintiff contends she is unable "to afford to pay $500.00 for service[, ]" and states she "was not aware prior to [her] being granted this service that [she] would have such [a] large fee." Plaintiff explains she does not "have a job where [she] could pay such amount[, ]" and she apologizes for any inconvenience to the Court.

However, it appears that Plaintiff, herself, executed the service upon Defendant on October 29, 2014. DE 10 at 1-3. Subsequently, on November 19, 2014, counsel filed an appearance on behalf of Defendant. DE 11. At the same time, defendant filed a combined answer to the complaint, affirmative defenses and jury demand. DE 12; see also DE 13 (Statement of Disclosure of Corporate Affiliations and Financial Interest).

The U.S. Marshals Service has informed the Court that it never received the summons and complaint to serve in this case. Therefore, Plaintiff's October 22, 2014 request (DE 8) to reverse the Court's October 21, 2014 ruling (DE 7) will be denied as moot.

C. Transfer

Plaintiff's address of record is in Mount Morris, Michigan. DE 1 at 6. Defendant's address is in Flint, Michigan. DE 10 at 2. Mt. Morris and Flint are both located in Genesee County, Michigan.[1]

By way of background, the United States Court for the Eastern District of Michigan has locations in Detroit, Ann Arbor, Bay City, Flint and Port Huron. The local rules of this Court set forth a random method for case assignment:

In Ann Arbor, Detroit, Flint and Port Huron, the Clerk shall employ a random method for the assignment of civil cases (excluding social security cases and special civil cases) to Judges. Special civil cases are defined as those cases arising under 28 U.S.C. §§ 2241 and 2254 and 42 U.S.C. §§ 1983 and 1985 in which the plaintiff is an inmate or resident of any facility of the Michigan Department of Corrections, the United States Bureau of Prisons, or of any county or local jail.

E.D. Mich. LR 83.11(a)(1).[2]

When this case was filed on October 2, 2014, it was assigned to Judge David M. Lawson, who sits in Detroit, and Magistrate Judge Mona K. Majzoub, who also sits in Detroit. On November 20, 2014, Magistrate Judge Majzoub noticed a ...


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