Purcell et al v. Fadlallah et al

Filing 48

ORDER DIRECTING plaintiffs to file a motion to amend their response to defendants' motion for summary judgment by 12/7/2012,. 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 DIRECTING PLAINTIFFS TO FILE A MOTION TO AMEND THEIR
RESPONSE TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
On November 13, 2012, Plaintiffs filed a response to Defendants’ motion for
summary judgment. The response contained (1) a counter-statement of material facts,
without any citations to the record or exhibits, (2) a signature page, and (3) a certificate
of service. No courtesy copy of the response was provided to the court. Defendants
replied on November 20. On November 27, Plaintiffs’ counsel contacted the court
claiming she had just realized that the complete response and brief had not been
properly filed due to a technological error and that she was also unable to locate the
brief on her personal computer.
The court held an off-the-record telephonic conference with the parties on
December 4 to discuss with counsel how best to proceed. After considering the parties’
concerns and the court’s preference that such motions be resolved on their merits,
Plaintiffs should file a motion to amend their response. Plaintiffs’ counsel explained that
the response is divided into three distinct parts: (1) the counter-statement of material

facts; (2) Plaintiffs’ response in opposition to Defendants’ motion for summary judgment;
and (3) the brief in support of Plaintiffs’ response in opposition to Defendants’ motion for
summary judgment. The court will likely grant leave to amend the pleading to include
Plaintiffs’ response to Defendants’ summary judgment motion and the brief in support
thereof. The court will also likely deny leave to amend the counter-statement of material
facts already filed. Accordingly,
IT IS ORDERED that Plaintiffs are DIRECTED to file a motion to amend their
response to Defendants’ motion for summary judgment [Dkt. # 46] by December 7,
2012. The motion must include all briefs, exhibits, and other documents with which
Plaintiffs seek to amend their response. On the assumption that the court permits the
Response to be filed, Defendants may file their reply by December 14, 2012.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 4, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 4, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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