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United Methodist Union of Greater Detroit v. City of Highland Park

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

January 3, 2017

UNITED METHODIST UNION OF GREATER DETROIT et al., Plaintiffs,
v.
CITY OF HIGHLAND PARK et al., Defendants.

          ORDER (1) OVERRULING DEFENDANT JERRY MASSEY'S OBJECTION TO REPORT AND RECOMMENDATION (ECF #22) AND (2) GRANTING DEFENDANTS' MOTIONS TO DISMISS (ECF ## 11, 12, 18)

          HON. MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         In this action, Plaintiffs United Methodist Union of Greater Detroit, Jerry Massey (“Massey”), Kennon Harrington, Power House Temple, and Roderick Edwards (collectively, “Plaintiffs”) appear to allege that Defendants violated state and federal law with respect to the assessment of property taxes and the subsequent foreclosure of Plaintiffs' property. (See Compl., ECF #1.) The Defendants each moved to dismiss the Complaint (the “Motions to Dismiss”). (See ECF ## 11, 12, and 18.) Plaintiffs never responded to any of the Motions to Dismiss. (See Dkt.)

         On December 2, 2016, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant the Motions to Dismiss (the “R&R”). (See ECF #21.) Among other things, the Magistrate Judge concluded that Massey was the only proper Plaintiff in this action, that he lacked standing, and that his claims were barred by the Rooker-Feldman doctrine and res judicata. (See Id. at 5-12, Pg. ID 170-77.) At the conclusion of the R&R, the Magistrate Judge informed the Plaintiffs that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See Id. at 15-16, Pg. ID 180-81.)

         On December 21, 2016, Defendant Massey filed objections to the R&R (the “Objections”). (See ECF #22.) The Objections are untimely. But even if the Objections were timely filed, the Court would still overrule them. The Objections do not reference any specific portion of the R&R to which Massey objects. Instead, the Objections list the following conclusory objections:

(1.) Fed R. Civ. P. 56(c) provides that judgment is to be granted when there is ‘genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.['] The Defendant has no genuine issues to the material facts which occurred to the Plaintiff by Defendant Wayne County Treasurers's [sic] nondisclosures and acts of omission regarding their requirement to enforce proper notification. Plaintiff contend[s] that Church property is exempt from tax foreclosure in light of the public good the Church brings to the community.
(2) Further Discovery shall uncover factual support for the Plaintiff's claims against all Defendants.[]
(3) Amended pleadings can overcome defect of failure to state a claim.[]
(4) Discovery is not complete on the specific issues for which Summary Disposition is sought.
(5) Discovery is likely to reveal additional factual support for the Plaintiff's claim.
(6) Motion for Summary Disposition is not justified.
(7) The Plaintiff's claims alleged are grounded in the law.
(8) The claims alleged are clearly enforceable as a matter of law, and that factual development can possibly justify recovery.
(9) That irreparable harm will occur to the Plaintiff is the Summary ...

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