Herbert v. Baker et al

Filing 24

ORDER Denying 8 Plaintiff's Motion for Contempt. Signed by Magistrate Judge Michael Hluchaniuk. (PPel)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION YOLANDE MARIE HERBERT, Plaintiff, vs. DANNIE RAY BAKER, et al., Defendants. / ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Contempt is denied. IT IS FURTHER ORDERED that the deposition of Attorney Kellie HowardGoudy shall go forward. The Plaintiff has satisfied the requirements of Federal Rule Civil Procedure 26(b)(3)(A) in having the deposition conducted. IT IS FURTHER ORDERED that Attorney Kellie Howard-Goudy owns a valid work product privilege regarding her mental impressions, conclusions, opinions and legal theories. IT IS FURTHER ORDERED that Plaintiff owns "fact" work product and it is appropriate for Plaintiff's counsel to ask questions of the deponent regarding the facts Michael Hluchaniuk United States Magistrate Judge Case No. 09-12314 Gerald E. Rosen United States District Judge

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surrounding the stipulation and order of dismissal. IT IS FURTHER ORDERED that the deposition of Attorney Kellie HowardGoudy take place at a neutral site agreed upon between the parties. s/Michael Hluchaniuk Michael Hluchaniuk United States Magistrate Judge CERTIFICATE OF SERVICE I certify that on September 4, 2009, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system, which will send electronic notification to the following: Jeffrey G. Collins and Gina U. Puzzuoli, and I certify that I have mailed by United States Postal Service the paper to the following nonECF participant(s): Dannie Ray Baker, # 698162, SAGINAW CORRECTIONAL FACILITY, 9625 Pierce Road, Freeland, MI 48623. s/James P. Peltier Courtroom Deputy Clerk U.S. District Court 600 Church Street Flint, MI 48502 [phone] [e-mail]

Date: September 4, 2009

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