Dumas v. Hurley Medical Center et al

Filing 130

ORDER TERMINATING AS MOOT 128 MOTION to Strike/Deny Flint's Motion without Prejudice and Order a Continuance to Enable Depositions to be Taken and Other Discovery to be Undertaken filed by Lowana Shanell Dumas, GRANTING 127 Stipulation to Ex tend Deadlines filed by Lowana Shanell Dumas, GRANTING 125 MOTION to Amend/Correct 124 MOTION to Amend/Correct 1 Complaint, filed by Lowana Shanell Dumas; and setting Response deadline as to 126 MOTION for Summary Judgment Pursuant to FRCP 56(C) :( Responses due by 4/14/2012) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LOWANA SHANELL DUMAS,
Plaintiff,
Case No. 10-12661

v.
HURLEY MEDICAL CENTER, et al.,
Defendants.
/

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED
COMPLAINT, TERMINATING AS MOOT PLAINTIFF’S “MOTION TO
STRIKE/DENY . . . ,” SETTING DEADLINE TO FILE RESPONSE TO
SUMMARY JUDGMENT MOTION, AND EXTENDING REMAINING DEADLINES
Pending before the court are Plaintiff’s motion for leave to file an amended
complaint and Defendant City of Flint’s motion for summary judgment. The Hurley
Medical Center Defendants1 concurred in Plaintiff’s motion, but Defendant City of Flint
and the Union Defendants2 declined to concur. Nevertheless, these Defendants
ultimately failed to file responses in opposition to the motion. Plaintiff filed a “Motion to
Strike/Deny Flint’s Motion Without Prejudice,” arguing that additional time is needed to
conduct necessary discovery to fairly contest Defendant City of Flint’s motion for
summary judgment. On February 14, 2012, the court conducted a telephonic
conference with counsel for the parties, during which the pending motions and a
stipulation to extend the scheduling order deadlines 60 days were discussed. Counsel
1

The Hurley Medical Center Defendants include Hurley Medical Center, Dwayne
Parker, and Kristen Deloney.
2

The Union Defendants include AFSCME Council 25, Local 1603, Deloris Lots,
and Patricia Ramirez.

and the court agreed that Plaintiff should be granted leave to amend her complaint for
the purposes of clarifying and more succinctly stating her claims. Additionally, counsel
for Defendant City of Flint, although expressing concern regarding the expenditure of
client resources, agreed to an abeyance of its motion to allow Plaintiff a short period of
time to discover evidence that may be used to contest the City of Flint’s motion. Finally,
the court informed the parties that it would grant the parties’ stipulation and extend the
deadlines set forth in the amended scheduling order. Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to amend her complaint [Dkt. #
125] is GRANTED. Plaintiff is DIRECTED to file her proposed amended complaint on or
before February 24, 2012.
IT IS FURTHER ORDERED that Plaintiff’s “Motion to Strike/Deny . . .” [Dkt. #
128] is TERMINATED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff shall file a response to the motion for
summary judgment on or before April 14, 2012.
Finally, IT IS ORDERED that in accordance with the parties’ stipulation submitted
to the court on February 8, 2012, the deadlines established in the court’s December 13,
2011 amended scheduling order [Dkt. # 122] are EXTENDED 60 days.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: February 17, 2012

2

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, February 17, 2012, by electronic and/or ordinary mail.
s/Lisa G. Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\10-12661.DUMAS.Extend.Sched.Order.jrc.wpd

3