D'Angelo v. Clinton Township et al

Filing 14

MOTION for Leave to File Response to Plaintiff's Motion to Compel 7 by Clinton, Township of, Nicholas Dykas, Jason Figurski, Keith Watson. (Peacock, Peter)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS D’ANGELO,
Plaintiff,
Case No. 2:10-c-12195
vs.
Hon. Lawrence P. Zatkoff
PAUL PARENT, CLINTON TOWNSHIP,
a municipal entity, NICHOLAS DYKAS,
JASON FIGURSKI and KEITH WATSON,
in their official and individual capacities,
jointly and severally,

Magistrate Judge Mona Majzoub
Removed from Macomb County Circuit
Case No. 10-944-NO

Defendants.
________________________________________________________________________________/
AMOS E. WILLIAMS (P39118)
PETER W. PEACOCK (P37201)
THOMAS E. KUHN (P37924)
Plunkett Cooney
Amos E. Williams, P.C.
Attorneys for Defendants Clinton Township,
Attorney for Plaintiff
Dykas, Figurski and Watson
615 Griswold, Suite 1115
10 S. Main Street, Ste. 400
Detroit, MI 48226
Mt. Clemens, MI 48043
[phone]
[phone]
________________________________________________________________________________/

DEFENDANTS CLINTON TOWNSHIP, NICHOLAS DYKAS,
JASON FIGURSKI and KEITH WATSON’S MOTION FOR LEAVE TO FILE RESPONSE
TO PLAINTIFF’S MOTION TO COMPEL DISCOVERY [7]
NOW COME Defendants, CLINTON TOWNSHIP, NICHOLAS DYKAS, JASON
FIGURSKI and KEITH WATSON (hereinafter referred to as “Defendant”), by and through their
attorneys, Plunkett Cooney, and for their Motion for Leave to File Responses to Plaintiff’s Motion to
Compel [7] states as follows:
1.
2010 [doc 7].

Plaintiff filed a Motion to Compel Against Defendants on or about August 31,

2.

Defendant filed a Motion to Compel against Plaintiff on or about September 2,

3.

Both Plaintiff and Defendants subsequently exchanged their respective

2010 [doc 10].

discovery responses leaving the pending motions moot.
4.

Defendants anticipated that both Plaintiff and Defendants would file a Notice

of Withdrawal of Motion and therefore did not timely response to Plaintiff’s Motion.
5.

It now appears that Plaintiff is desirous to proceed with his Motion and treat it

as a motion to compel more specific responses from Defendants, which the undersigned does not
believe is proper.
6.

Defendants have this date filed their Notice of Withdrawal of Motion [doc 13].

7.

As Plaintiff not dismissed his Motion to Compel, Defendants requests this

Honorable Court grant leave for Defendants to file a Response to Plaintiff’s Motion to Compel.
WHEREFORE, the above-named Defendants respectfully requests this Honorable
Court allow Plaintiff to file a Response to Plaintiff’s Motion to Compel within 5 days upon entry of an
Order.
PLUNKETT COONEY

BY: S/Peter W. Peacock___________________
PETER W. PEACOCK (P37201)
Attorney for Clinton Township Defendants
10 S. Main, Suite 400
Mt. Clemens, MI 48043
Primary Email: [e-mail]
[phone]
Dated:

October 7, 2010

2

PROOF OF SERVICE
The undersigned certifies that on October 7, 2010 I
electronically filed the foregoing pleading with the Clerk
of the Court using ECF system which will send
notification of such filing to the all attorneys of record of
all parties in the above cause

_s/Peter W. Peacock

Open.01397.01593.10334595-1
Open.01397.01593.10334595-1

3