Jones v. Barnhart et al

Filing 121

ORDER REOPENING DISCOVERY AND SETTING DEADLINES., ( Discovery due by 10/20/2016, Dispositive Motion Cut-off set for 11/21/2016)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN JONES,
Plaintiff,
v.

Case No. 2:10-cv-12114
District Judge Arthur J. Tarnow
Magistrate Judge Anthony P. Patti

PATRICIA BARNHART, et
al.,
Defendants.
___________________________________/
ORDER REOPENING DISCOVERY AND SETTING DEADLINES
Plaintiff, John Jones, initially filed this case without the assistance of
counsel. (DE 1.) On October 15, 2015, the Court conditionally granted Plaintiff’s
motion to appoint counsel and referred the case to the Court’s pro bono
administrator to search for an attorney. (DE 107.) On May 4, 2016, an order of
assignment of counsel was entered, naming Daniel E. Manville as Plaintiff’s pro
bono attorney. (DE 118.)
While this process was ongoing, Defendant Paula Mass filed a motion for
summary judgment on February 16, 2016. (DE 109.) Plaintiff’s response was
initially due on April 4, 2016. (DE 113.) The Court granted Plaintiff’s first
request for extension of time in which to respond, making the new due date May 4,
2016. (DE 115.) On May 3, 2016, the Court granted Plaintiff’s second request for

extension, and his response became due on or before June 6, 2016. (DE 117.) To
date, Plaintiff has not responded to Defendant Mass’s pending motion for summary
judgment.
This matter came before me on a telephonic status conference on July 21,
2016, at which Mr. Manville appeared on behalf of Plaintiff, Clifton B. Schneider
appeared on behalf of Defendant Patricia Barnhart, and Carly Van Thomme
appeared on behalf of Defendant Paula Mass. Mr. Manville expressed that
additional discovery would be necessary in order for him to respond to the pending
motion for summary judgment. Mr. Schneider and Ms. Van Thomme were
receptive to a brief re-opening of discovery, so long as they were entitled to depose
Plaintiff during that time. In addition, Ms. Van Thomme agreed to withdraw
Defendant Barnhart’s pending motion for summary judgment at this time, to be refiled after discovery has closed. (DE 109.) As a result, the Court ORDERS the
following:
1. Discovery shall be reopened until OCTOBER 20, 2016. During that time,
inter alia, Defendants Barnhart and Mass, through their counsel, may depose
Plaintiff, John Jones, at the Thumb Correctional Facility.
2. The dispositive motion cut-off will be extended to NOVEMBER 21, 2016.
Both remaining Defendants are entitled to file dispositive motions (despite

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Defendant Barnhart having filed two previous motions for summary
judgment) by this date.
3. If the case survives dispositive motion practice, a settlement and final
pretrial conference shall be held between February 15, 2017 and March 15,
2017.
4. This case shall be ready for trial by March 31, 2017.
IT IS SO ORDERED.

Dated: July 22, 2016

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record
on July 22, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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