Opinion
Case No. 03-73371.
February 13, 2006
COURTNEY E. MORGAN, JR. (P29137), MORGAN MEYERS, PLC, Dearborn, Michigan, Attorneys for Plaintiffs.
ANNE McCLOREY McLAUGHLIN (P40455), T. JOSEPH SEWARD (P35095), CUMMINGS, McCLOREY, DAVIS ACHO, P.L.C. Livonia, Michigan, Attorneys for Defendants.
ORDER OF DISMISSAL WITH PREJUDICE OF COUNT I.A. OF THE COMPLAINT, "DENIAL OF EQUAL PROTECTION OF THE LAWS UNDER THE FOURTEENTH AMENDMENT"
In accordance with the Stipulation of the parties filed in this matter;
IT IS HEREBY ORDERED that Plaintiff's last remaining claim against Defendant, Waterford Township, contained in Count I.A. of Plaintiffs' Complaint, entitled "Denial of Equal Protection of the Laws Under the Fourteenth Amendment," only, is hereby dismissed with prejudice and without costs.
IT IS FURTHER ORDERED that the dismissal with prejudice of Plaintiffs' equal protection claim referred to above, shall not have any preclusive effect or in any way operate as an adjudication on the merits as to any claim or issue currently pending in the litigation between these parties in the Oakland County Circuit Court, Case No. 2005-063468-NZ, before The Honorable Deborah G. Tyner.
IT IS FURTHER ORDERED that the dismissal without costs applies only to the dismissal of Plaintiffs' equal protection claim referred to above, and shall not preclude the parties from otherwise enforcing any right they may have to appeal the court's prior adjudications or to seek costs and attorney fees.
Lastly, the Court finds that Plaintiffs have satisfactorily responded to the Court's January 18, 2006 Show Cause Order. Accordingly, the Court HEREBY WITHDRAWS that Order.
IT IS SO ORDERED.