Tabin v. Miller et al

Filing 27

ORDER conditionally granting 20 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (GWil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JONATHAN E. TABIN, Plaintiff, v. OFFICER RYAN E. MILLER, in his individual and official capacity, and VILLAGE OF LEXINGTON, a Municipal Corporation, Defendants. /

No. 07-13836 District Judge Anna Diggs Taylor Magistrate Judge R. Steven Whalen

ORDER Defendants have filed a motion to compel discovery [Docket #20], based on Plaintiff's failure to respond timely to interrogatories and requests to produce. Plaintiff has not filed a response to this motion. Under Fed.R.Civ.P. 37(a)(3), Defendants are entitled to an order compelling Plaintiff to produce the requested discovery. However, on December 12, 2008, I issued a Report and Recommendation (R&R), recommending that Defendants' motion for summary judgment be granted, and the case dismissed. If that R&R is adopted by the District Judge, then the present motion to compel will be moot. On the other hand, if Plaintiff ultimately survives summary judgment, he is required to respond to the interrogatories and requests to produce.
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Accordingly, Defendants' motion to compel [Docket #20] is CONDITIONALLY GRANTED. If and only if the District Judge rejects the R&R, the Plaintiff shall produce the requested discovery within 14 days of entry of the final order denying summary judgment. SO ORDERED.

S/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: December 16, 2008 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on December 16, 2008. S/G. Wilson Judicial Assistant

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