Opinion
24-10278
04-30-2024
LEGAL REAL ESTATE, LLC and MADILYN GREINER, Plaintiffs, v. COUNTY OF MACOMB, Defendant.
ORDER OF DISMISSAL AND ORDER STRIKING IMPROPER FILING
DAVID M. LAWSON, UNITED STATES DISTRICT JUDGE
On April 9, 2024, the parties filed a stipulation to dismiss the case. The stipulation incorporated a proposed order, which the parties apparently wanted the Court to sign and enter. The inclusion of the proposed order was improper because such orders never should be filed by counsel on the electronic docket. E.D. Mich. LR 7.1 cmt. (citing Elec. Filing Pols. & Procs. R 11(a)). Proposed orders should be submitted to the Court through the CM/ECF Utilities function. The stipulation also was not formatted in accordance with the applicable court rules. See E.D. Mich. LR 5.1(a)(2) (“All papers must be on 8 1/2 x 11 inch white paper of good quality, plainly typewritten, printed, or prepared by a clearly legible duplication process, and double-spaced, except for quoted material and footnotes.”) (emphasis added). The parties subsequently filed a second, properly submitted stipulation to dismiss.
Accordingly, it is ORDERED that the parties' first stipulation to dismiss the complaint (ECF No. 14) is STRICKEN.
It is further ORDERED, pursuant to the second stipulation of the parties (ECF No. 15), that all of the plaintiffs' claims under federal law are DISMISSED WITH PREJUDICE, and all of the claims under state law are DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that the defendant's motion to dismiss (ECF No. 13) is DISMISSED as moot.