Purcell et al v. Fadlallah et al

Filing 43

ORDER granting 37 Defendant's Motion to Strike Plaintiff's Amended Final Witness List. Signed by District Judge Robert H. Cleland. (LWag)

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

BRYAN PURCELL and GEORGENE
STERGALAS,
Plaintiffs,
v.

Case No. 10-13444

IMAD FADLALLAH, et al.,
Defendants.
/
ORDER GRANTING “DEFENDANT’S MOTION TO STRIKE
PLAINTIFFS’ AMENDED FINAL WITNESS LIST”
On August 23, 2012, the court held an off-the-record telephone conference with
the parties to determine whether there was any need for amending the February 24,
2012 scheduling order. The court issued an order allowing Plaintiffs to file an amended
witness list. The order stated, “The court expects that Plaintiffs’ witness list will contain
no more than ‘a few’ names not earlier revealed as counsel for Plaintiffs suggested in
conference. . . .” (Order Extending Disc. at 2 n.1, Dkt. # 35.) Plaintiffs filed an amended
final witness list that includes an additional thirty named witnesses. Defendants moved
to strike the amended witness list as violative of the court’s order and Plaintiffs
responded. The court heard oral arguments on the motion on October 23, 2012. See
E.D. Mich. LR 7.1(f)(2). For the reasons stated on the record, accordingly,
IT IS ORDERED that “Defendant’s Motion to Strike Plaintiff’s Amended Final
Witness List” [Dkt. # 37] is GRANTED. Plaintiffs are DIRECTED to amend their final
witness list to include those additional witnesses who are Dearborn Public School Board

Members as Defendants withdraw their objection to such Board Members.
IT IS FURTHER ORDERED that Plaintiffs are DIRECTED to choose five
witnesses, not including Board Members, from among the list of additional witnesses
and amend their final witness list to include those five witnesses. Plaintiffs may only
amend their final witness list with a sixth non-Board-Member witness if Defendants
stipulate to that sixth witness or Plaintiffs show extraordinary good cause for needing to
include that sixth witness. Plaintiffs are DIRECTED to file their amended final witness
list, along with a written statement explaining the identity and significance of each new
witness, by October 26, 2012. This amended final witness list will supplant Plaintiffs’
previous witness list filed on August 30, 2012.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 29, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 29, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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