C:\Documents and Settings\Cohron.MIE\Local Settings\Temp\Notesfff692\Derminerpiop.Wpd
2:04-cv-74942-JF-MKM Doc # 35 Filed 09/08/05 Pg 1 of 13 Pg ID 767 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION REBECCA DERMINER, ELIZABETH DERMINER, ROBIN DERMINER, and AMY VALLANDI, Plaintiffs, Civil No. 04-74942 Hon. John Feikens Magistrate Judge Mona Mazjoub v. WAYNE & MARGARET KRAMER, MICHAEL & ANGELA DAVIS, DENNIS THOMPSON, MUSCLETONE RECORDS, INC., and SVENGIRLY MUSIC, INC., Defendants. ________________________________/ OPINION AND ORDER Plaintiffs, the heirs of Robert Derminer (also called Rob Tyner) of the Detroit band the “MC5", move for a preliminary injunction. Magistrate Judge Majzoub issued a report and recommendation recommending I deny this motion in its entirety. Plaintiffs make nine objections to this report and recommendation. For the reasons explained below, I find that jurisdiction has been called into question,1 1A court always has jurisdiction to determine its jurisdiction, and its findings on jurisdictional issues are valid and entitled to res judicata effect, even if the court determines it has no jurisdiction. E.g., William W. Schwarzer, A. Wallace Tashima, and James M. Wagstaffe, Federal Civil Procedure Before Trial, 2:21 (2005). This Court also has before it Plaintiffs’ Motion for Leave to File Excess Pages, which Defendants oppose. Because the brief contains discussion of issues that bear on jurisdiction, I GRANT Plaintiffs’ motion, although I agree that this case has been briefed at length. I also 2:04-cv-74942-JF-MKM Doc # 35 Filed 09/08/05 Pg 2 of 13 Pg ID 768 and thus, it is not yet appropriate for me to either adopt or reject the magistrate’s recommendation as to the motion.
[Show full text]