Opinion

Croy v. Google LLC

Court
District Court, E.D. Michigan
Filed
Sep 30, 2024
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SHANNON CROY,

Plaintiff,

Case No. 23-12106

v. Honorable Shalina D. Kumar

Magistrate Judge David R. Grand

GOOGLE LLC,

Defendant.

ORDER OVERRULING PLAINTIFF’S OBJECTION (ECF NO. 42),

DENYING AS MOOT PLAINTIFF’S RELATED MOTIONS (ECF NOS. 43,

44, & 45), ADOPTING REPORT AND RECOMMENDATION (ECF NO.

41), AND GRANTING DEFENDANT’S MOTION TO DISMISS (ECF NO.

17)

I. Introduction

Pro se plaintiff Shannon Croy sued Google LLC (“Google”), alleging

that Google participated in a scheme to unlawfully prevent Croy from

accessing his Gmail account, which allegedly contains information about

15,000 Bitcoins Croy purchased in 2010. ECF No. 1. The Court referred

this case to the magistrate judge for all pretrial matters under 28 U.S.C.

§ 636(b). ECF No. 9.

Google filed a motion to dismiss, which the parties fully briefed. ECF

Nos. 17, 22, 27. The magistrate judge issued a Report and

Recommendation (“R&R”), which recommends granting Google’s motion.

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ECF No. 41. Croy timely filed an objection, to which defendant did not

respond. ECF No. 42. Croy also filed the following motions related to his

objection (the “related motions”): an ex parte motion to file excess pages

for his objection (ECF No. 43); a motion to file medical records under seal

(ECF No. 45); and a motion to extend times to file (1) medical records

under seal, (2) an amended objection, and (3) an amended complaint (ECF

No. 44).

For the reasons below, the Court overrules Croy’s objection, denies

as moot the related motions, and adopts the R&R.

II. Standard of Review

When a party files objections to an R&R on a dispositive matter, the

Court “make[s] a de novo determination of those portions of the report or

specified proposed findings or recommendations to which objection is

made.” 28 U.S.C. § 636(b)(1). The Court, however, “is not required to

articulate all of the reasons it rejects a party’s objections.” Thomas v.

Halter, 131 F. Supp. 2d 942, 944 (E.D. Mich. 2001) (citations omitted). A

party’s failure to file objections to certain conclusions of the R&R waives

any further right to appeal on those issues. See Smith v. Detroit Fed’n of

Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the

failure to object to certain conclusions in the R&R releases the Court from

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its duty to independently review those issues. See Thomas v. Arn, 474 U.S.

140, 149 (1985). Absent “compelling reasons,” arguments or issues that

were not presented to the magistrate may not be presented in objections to

the R&R. Murr v. United States, 200 F.3d 895, 902 n.1 (6th Cir. 2000)

(citing United States v. Waters, 158 F.3d 933, 936 (6th Cir. 1998)).

Moreover, objections must be clear so that the district court can

discern those issues that are dispositive and contentious. In sum,

the objections must be clear and specific enough that the court

can squarely address them on the merits. And, when objections

are merely perfunctory responses rehashing the same

arguments set forth in the original petition, reviewing courts

should review a Report and Recommendation for clear error.

Carroll v. Lamour, 2021 WL 1207359, at *2 (E.D. Mich. Mar. 31,

2021) (internal citations, quotations, and marks omitted).

Where a plaintiff proceeds pro se, the Court must liberally construe

the plaintiff’s pleadings, holding them to less stringent standards than

attorney-drafted pleadings. See Haines v. Kerner, 404 U.S. 519, 520

(1972). But “the lenient treatment generally accorded pro se litigants has

limits.” Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996). Pro se

plaintiffs must still meet basic pleading requirements, and courts are not

required to conjure allegations on their behalf. Erwin v. Edwards, 22 F.

App'x 579, 580 (6th Cir. 2001).

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III. Analysis

Croy objects to the R&R on the basis that “new concealed facts show

[he] has justification to change his claim[s].” ECF No. 42, PageID.957. Croy

states that in August 2024, he discovered new facts showing that Google

automatically “intercepted his 2010 Private Bitcoin Key Email message

sometime before April 27, 2021.” Id. PageID.962. Croy allegedly

discovered these facts from a January 21, 2021 Google Support webpage,

Gmail’s 2010 terms of use, a 2010 online news article, and 2016 case law

involving Google’s alleged interception of Gmail emails. Id. at PageID.957-

62, 985-91. Croy spends nearly all of his objection arguing that he should

be allowed to amend his complaint, proposing new allegations based on

the purportedly new facts.

The Court overrules Croy’s objection for two reasons. First, the Court

declines to consider Croy’s new evidence. It is within the discretion of a

district court to ignore new evidence if the evidence is untimely, and the

proponent of the evidence has provided no reason why he or she did not

submit it to the magistrate judge. LaCroix v. Nachtreib, 2023 WL 8649816,

at *2 (E.D. Mich. Dec. 13, 2023) (citing Moore v. United States Dept of

Agric., 2018 WL 1612299, at *2 (6th Cir. Jan. 31, 2018)). “Systemic

efficiencies would be frustrated and the magistrate judge's role reduced to

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that of a mere dress rehearser if a party were allowed to feint and weave at

the initial hearing, and save its knockout punch for the second round.” In re

Rankin, 2021 WL 1087660, at *6 (E.D. Mich. Mar. 22, 2021) (quoting

Paterson-Leitch Co., Inc. v. Mass. Mun. Wholesale Elec. Co., 840 F.2d

985, 991 (1st Cir. 1988)).

Here, Croy states he did not discover the purportedly new facts until

August 2024, at which time he allegedly found the evidence he now offers.

See ECF No. 42, PageID.962. But he provides no reason why he did not

discover this evidence sooner. All of Croy’s purportedly new evidence was

available by 2021; most of it by 2016. But Croy waited to present such

evidence until September 2024—only after the magistrate judge had

already issued the R&R. Even if the purportedly new evidence would

otherwise have served as Croy’s “knockout punch,” the bell has rung, and

the scorecard is in. Rankin, 2021 WL 1087660, at *6.

Second, Croy fails to object, as required, to certain conclusions in the

R&R. Indeed, Croy does not appear to dispute the R&R. Croy starts his

objection by agreeing with the magistrate judge—“Judge Grand has the

correct understanding of the plaintiff’s claim . . . and the plaintiff [sic] logic

behind his claim.” ECF No. 42, PageID.957. Throughout his objection, Croy

reasserts certain claims without identifying any errors in the R&R, see, e.g.,

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id. at PageID.969-70, and, as previously discussed, offers new allegations

and arguments to amend his claims, see, e.g., id. at PageID.958-59, 970-

71. Because Croy does not specifically object to the R&R, the Court need

not substantively consider his objection. See Thomas, 474 U.S. at 149.

Croy’s various motions to supplement and amend his objection do not

alter the outcome. With these motions, Croy seeks to explain the

circumstances surrounding the Bitcoin-information-containing emails at

issue, “clarif[y] his use of the relative word ‘Shortly’”; explain a request for

an “assistant 11 years later”; argue new statute of limitations issues; and

show that he should be afforded extra time and pages to make his

arguments due to a disability. ECF No. 43; see ECF Nos. 44-45. But Croy

does not attempt to explain his delay in presenting the allegedly new facts

and evidence or specifically dispute conclusions in the R&R. Thus, the

motions would make no difference and are moot.

IV. Conclusion

Accordingly, the Court OVERRULES Croy’s objection (ECF No. 42)

and ADOPTS the R&R (ECF No. 41).

IT IS ORDERED that Croy’s motions (ECF Nos. 43-45) are DENIED

AS MOOT and Google’s motion to dismiss (ECF No. 17) is GRANTED.

SO ORDERED.

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s/ Shalina D. Kumar

SHALINA D. KUMAR

Dated: September 30, 2024 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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