Purcell et al v. Fadlallah et al

Filing 35

ORDER Amending Scheduling Order ( Supplemental Witness List due by 8/30/2012; Discovery due by 9/23/2012, Dispositive Motion Cut-off set for 10/23/2012) Signed by District Judge Robert H. Cleland. (LWag)

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

BRYAN PURCELL, et al.,
Plaintiffs,
v.

Case No. 10-cv-13444

IMAD FADLALLAH, et al.,
Defendants.
/
ORDER EXTENDING DISCOVERY AND DISPOSITIVE
MOTION DEADLINES AND AMENDING SCHEDULING ORDER
On August 23, 2012, the court held an off-the-record telephone conference with
the parties and particularly inquired whether there was any actual need for amending
the February 24, 2012, Scheduling Order [Dkt. # 32] as the parties had intimated when
the court’s staff was organizing the conference.
The court was informed that Plaintiffs are currently appealing from an adverse
result in a tenure hearing conducted before an administrative law judge. The court also
learned that Defendants assert that the Plaintiff Bryan Purcell’s tenure hearing could be
argued as having a preclusive effect on the present litigation before this court, either in
the form of res judicata or collateral estoppel. Defendants therefore requested a stay of
the dispositive motion deadline until the anticipated conclusion of the tenure hearing’s
appeal, approximately sixty days. Plaintiffs fundamentally contest such delay, saying
that it cannot be known when the tenure hearing, after all appeals have been
exhausted, will be resolved.

However, the court was also informed by Plaintiffs that they have conducted little
discovery to date and that they request an extension to conduct and complete some
limited discovery. This case is now two years old and needs to proceed in a timely
fashion. The court advised Plaintiffs that they must make whatever discovery they
believe they still require a top priority. In light of the tenure hearing appeal and
Plaintiffs’ need for a limited discovery extension, the court will adjust the discovery and
dispositive motion deadlines as follows. Accordingly,
IT IS SO ORDERED that the court’s February 24, 2012 Scheduling Order [Dkt. #
32] is AMENDED as follows:
Plaintiffs shall file their supplemental witness list by August 30, 2012.1
Discovery shall be completed by September 23, 2012.
The parties shall respond to all discovery requests to produce presented
henceforth within 21 days.2
Defendants shall file any dispositive motion by October 23, 2012.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: August 24, 2012

1

The court expects that Plaintiff’s witness list will contain no more than “a few”
names not earlier revealed as counsel for Plaintiffs suggested in conference, and that it
will provide helpful detail in summary form as to the anticipated testimony or expected
role of each witness listed.
2

The court expects Plaintiffs to present their requests to produce forthwith, i.e.,
with ample time for Plaintiffs to comply within the 21-day period noted, but before the
conclusion of the extended discovery period.
2

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 24, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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