Opinion
No. 2:05-CV-60157.
October 14, 2005
Todd J. Weglarz, Attorney for Plaintiffs.
James T. Farrell, Michigan Department of Attorney General Public Employment, Elections, Tort Division, Lansing, MI, Attorney for Defendants.
ORDER REGARDING DEFENDANTS' INITIAL MOTION
Contemporaneous with the filing of their Answer, the Defendants filed a Motion to Dismiss Plaintiffs' claims under the Fifth and Fourteenth Amendments and a Motion for Partial Dismissal. Between the time of the filing of those Motions, and the September 29, 2005 hearing on those Motions, the Court sua sponte remanded Plaintiffs' state law claims. In light of the Court's Order of Partial Remand, and upon the stipulation of counsel, as indicated by their attorneys' signatures below, and the Court being aware of the relevant facts and applicable law,
IT IS ORDERED that, in light of the Court's Order of Partial Remand, the Defendants' Motion for Partial Dismissal is moot, and, therefore, is withdrawn.
IT IS FURTHER ORDERED that Plaintiffs' claims under the fifth amendment are dismissed without prejudice and without cost to either party.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss Plaintiffs' claims brought under the fourteenth amendment is withdrawn.