Farnsworth v. Canadian National Railway

Filing 20

ORDER granting in part and denying in part 18 Motion for Continuance, Extension of Discovery and New Scheduling Order. Signed by District Judge Patrick J Duggan. (MOre)

United States District Court For the Eastern District of Michigan Theodore Levin United States Courthouse 231 West Lafayette Boulevard, Room 867 Detroit, Michigan 48226-2708
Chambers of Patrick J. Duggan District Judge
[phone]
FAX [phone]

December 9, 2008 To: Jeff Seely, Brian E. Jorde Joseph J. McDonell Re: Gentlemen: This letter confirms the telephone conference held on December 9, 2008 relating to plaintiff's request to extend the time for discovery. The Court's ruling is as follows: 1. 2. 3. Plaintiff may have until January 31, 2009 to complete discovery. Plaintiff may take the deposition of a 12(b)(6) representative. Plaintiff's counsel shall, within seven (7) days, notify defense counsel as to the area of inquiry that he believes the deposition of the 12(b)(6) representative will cover. Defense counsel shall make the 12(b)(6) representative available for deposition ­ hopefully, by January 15, 2009. Defendant has filed a motion for summary judgment. Defendant may delay filing a reply to plaintiff's response until ten (10) days after the deposition of the 12(b)(6) representative has been taken. Final Pretrial in this case is rescheduled to: Tuesday, February 3, 2009 at 2:00 p.m. Thomas J. Farnsworth v. Grand Trust Western Railroad, Inc. Case No. 08-11081

4. 5.

6.

Jeff Seely Joseph J. McDonell December 9, 2008 Page Two. ___________________________

The Court encourages counsel to move quickly to take the deposition so that defense counsel may file the reply giving the Court adequate time to rule on the motion for summary judgment before the pretrial date. Sincerely,

s/Patrick J. Duggan United States District Judge PJD/eac