McGuire, et al v. Matijevic, et al

Filing 42

ORDER requiring re-briefing in light of newly-admitted evidence. Defendants brief, not to exceed 15 pages in length, is due on April 30, 2010; McGuires response brief, not to exceed 15 pages in length, is due on May 14, 2010; Defendants reply brief, not to exceed five pages in length, is due on May 21, 2010, re 36 MOTION for Summary Judgment filed by AFTIM 2000, Ltd, Zvonimir Matijevic. Signed by District Judge Paul D Borman. (DGoo)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHYLLIS H. MCGUIRE, et al., Plaintiffs, vs. ZVONIMIR MATIJEVIC, et al., Defendants. ___________________________/ ORDER REQUIRING RE-BRIEFING OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN LIGHT OF NEWLY-ADMITTED EVIDENCE This is a negligence case arising out of an automobile accident. Plaintiffs are Phyllis McGuire ("McGuire") and her husband, Oscar McGuire ("Oscar"). Defendants are Zvonimir Matijevic and his employer, AFTIM 2000, Ltd. ("AFTIM") (collectively, "Defendants"). On June 1, 2007, McGuire's Chevy Blazer was sideswiped by a truck driven by Matijevic, in the course of his employment with AFTIM, as the two were making simultaneous left-hand turns in adjacent lefthand turn lanes. McGuire claims that she suffered a "serious impairment of a body function" under Mich. Comp. Laws 500.3135(1), thereby entitling her to relief under Michigan's no-fault laws; Defendants, in their Motion for Summary Judgment, argue the opposite. Defendants filed a Motion for Summary Judgment on January 27, 2010. The Court heard oral argument on March 31, 2010. The motion was taken under advisement by the Court and currently remains pending. PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Civil Action No. 08-CV-12715 After the conclusion of the briefing on Defendants' Motion for Summary Judgment, 1 Defendants filed a "Motion for Permission to Submit Additional Exhibits in Support of Their Motion for Summary Judgment," which was granted by the Court on April 2, 2010, two days after oral argument. No objection was filed by McGuire to admission of these medical documents. The newlyadmitted documents evidence McGuire's extensive pre-collision medical history. The Court believes that these documents are relevant to the analysis under Kreiner v. Fischer, 471 Mich. 109 (2004), inasmuch as Kreiner requires the Court to compare McGuire's pre- and post-collision lifestyles. Accordingly, the parties shall file supplemental briefs discussing these documents insofar as they impact Defendants' Motion for Summary Judgment. Defendants' brief, not to exceed 15 pages in length, is due on April 30, 2010; McGuire's response brief, not to exceed 15 pages in length, is due on May 14, 2010; Defendants' reply brief, not to exceed five pages in length, is due on May 21, 2010. SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: April 15, 2010 CERTIFICATE OF SERVICE 2 Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on April 15, 2010. S/Denise Goodine Case Manager 3

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