Jacobson v. Scutt et al

Filing 42

ORDER denying 35 Motion for Rule 16 Conference; granting in part and denying in part 37 Motion to Amend/Correct. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN JACOBSON, #430119,
Plaintiff,

CIVIL ACTION NO. 10-13046

v.

DISTRICT JUDGE AVERN COHN

DEBRA SCUTT; HAYES,
Maintenance Worker; PATINO,
Maintenance Worker; and C/O
CATHCART,

MAGISTRATE JUDGE MARK A. RANDON

Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION FOR A RULE 16 CONFERENCE (DKT. 35)
AND GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (DKT. 37)
This matter is before the Court on Plaintiff’s motion for a Rule 16 conference
(Dkt. 35) and for leave to file an amended complaint. The Court deems a Rule 16
Conference unnecessary and DENIES that motion.
Plaintiff’s motion for leave to amend seeks to add Larry Ford as a defendant.
However, as Defendants point out, Plaintiff’s proposed amended complaint also
attempts to include additional parties as Defendants: the Michigan Department of
Corrections (“MDOC”), Warden Debra Scutt and other John Doe defendants. The
Court GRANTS the motion for leave to amend as to Larry Ford, and ORDERS the
Michigan Attorney General to provide his last known address under seal to the Court

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on or before June 13, 2012. After Mr. Ford is served, the parties may request an
additional period of discovery, limited to Mr. Ford.
Plaintiff’s motion for leave as to the other proposed defendants is DENIED as
futile. The MDOC has sovereign immunity by virtue of the Eleventh Amendment. The
addition of Warden Debra Scutt would be futile as she has already been dismissed
from the case (Dkt. 5), and adding “Unknown Defendants (MDOC Employees)” is futile
as John Doe defendants are not proper parties and discovery is now closed.
It is so ordered.
s/Mark A. Randon
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Dated: May 22, 2012
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served on the attorneys and/or parties of
record by electronic means or U.S. Mail on May 22, 2012.

s/Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon

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