Franklin et al v. State Farm Company

Filing 26

ORDER granting in part and denying in part 23 Motion to Compel Dorothy Louise Omar-Antwine to Attend her Depositions or, in the Alternative, Motion for an Order Holding her in Contempt and for Dorothy Louise Omar-Antwine to Appear at Deposition - Signed by Magistrate Judge Mona K Majzoub. (LBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DERRICK FRANKLIN, et al. Plaintiffs, vs. MAGISTRATE JUDGE MONA K. MAJZOUB STATE FARM FIRE AND CASUALTY CO., Defendant. / ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL DOROTHY LOUISE OMAR-ANTWINE TO ATTEND HER DEPOSITION OR, IN THE ALTERNATIVE, MOTION FOR AN ORDER HOLDING [HER] IN CONTEMPT (DOCKET NO. 23) AND ORDER FOR DOROTHY LOUISE OMARANTWINE TO APPEAR AT DEPOSITION This matter is before the Court on Defendant's Motion To Compel Dorothy Louise OmarAntwine to Attend Her Deposition Or, In The Alternative, Motion For An Order Holding Dorothy Louise Omar-Antwine In Contempt filed on October 26, 2009. (Docket no. 23). No Response was filed within the time for responding. (Docket no. 24). All pre-trial proceedings were referred to the undersigned. (Docket no. 4). On December 18, 2009 the Court ordered Dorothy Louise OmarAntwine to show cause for her failure to obey Defendant's subpoena. (Docket no. 25). Defendant and Omar-Antwine appeared for the show cause hearing on January 6, 2010. The matter is ready for ruling. The Court incorporates the summary of there matters which appears in its December 18, 2009 Order to Show Cause. (Docket no. 25). The Court will grant Defendant's motion in part. The Court ordered on the record that Omar-Antwine will appear for deposition on January 18, 2010 at 11:00 a.m. at a location in Saginaw, Michigan. The location of the deposition is within the limits CIVIL ACTION NO. 09-cv-10947 DISTRICT JUDGE JOHN FEIKENS

of Fed. R. Civ. P. 45(c)(3)(A)(ii). The Court will order Defendant to re-notice the deposition in compliance with this date, time and location. The Court will deny without prejudice at this time, Defendant's request to hold Omar-Antwine in contempt. IT IS THEREFORE ORDERED that Defendant's Motion (docket no. 23) is GRANTED in part and Dorothy Louise Omar-Antwine will appear for deposition on Monday, January 18, 2010 at 11:00 a.m., at a location in Saginaw, Michigan to be noticed by Defendant. IT IS FURTHER ORDERED that Defendant will re-notice Dorothy Louise OmarAntwine's deposition for Monday, January 18, 2010 at 11:00 a.m. at a location in Saginaw, Michigan. IT IS FURTHER ORDERED that Defendant's request that Omar-Antwine be held in contempt is DENIED without prejudice at this time. However, as stated at the hearing, OmarAntwine's failure to appear for her deposition may result in her being held in contempt of court pursuant to Fed. R. Civ. P. 45(e). Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of this Order within which to file any written appeal to the District Judge as may be permissible under 28 U.S.C. 636(b)(1). Dated: January 11, 2010 s/ Mona K. Majzoub MONA K. MAJZOUB UNITED STATES MAGISTRATE JUDGE

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PROOF OF SERVICE I hereby certify that a copy of this Order to Show Cause was served upon Dorothy Louise Omar-Antwine at 3251 S. Auburn Road, Saginaw, Michigan 48601 and Counsel of Record on this date. Dated: January 11, 2010 s/ Lisa C. Bartlett Case Manager

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