Travelers Property Casualty Company of America v. DeMaria Building Company, Incorporated et al

Filing 213

ORDER granting in part and denying in part 112 Motion to Quash; denying 115 Motion and terminating 208 Motion for Order - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Plaintiff,

CIVIL ACTION NO. 10-CV-13922

vs.
DISTRICT JUDGE BERNARD A. FRIEDMAN
DeMARIA BUILDING COMPANY,
INC., et al.,

MAGISTRATE JUDGE MONA K. MAJZOUB

Defendants.
_____________________________/
ORDER GRANTING IN PART WESTERN TOWNSHIPS UTILITIES AUTHORITY’S
MOTION TO QUASH WADE TRIM ASSOCIATES, INC.’S DISCOVERY REQUESTS
(DOCKET NO. 112) AND DENYING WADE TRIM’S MOTION TO DETERMINE
OBJECTIONS INSUFFICIENT AND TO DEEM REQUESTS ADMITTED (DOCKET
NO. 115)
This matter comes before the Court on two motions. The first motion is Western Townships
Utilities Authority’s (“WTUA’s”) Objections, Motion to Quash and Motion for Protective Order
with respect to Wade Trim Associates, Inc.’s (“Wade Trim’s”) First and Second Discovery Requests
to Western Townships Utilities Authority. (Docket no. 112). Wade Trim filed a response. (Docket
no. 116). WTUA and Wade Trim filed a Joint Statement of Resolved and Unresolved Issues.
(Docket no. 184). The motion was referred to the undersigned for decision pursuant to 28 U.S.C.
§ 636(b)(1)(A). (Docket no. 114).
The second motion is Wade Trim’s Motion to Determine Objections Insufficient and To
Deem Requests Admitted. (Docket no. 115). WTUA filed a response. (Docket no. 129). Wade
Trim filed a reply. (Docket no. 134). The parties filed a Joint Statement of Resolved and
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Unresolved Issues. (Docket no. 185). The motion was referred to the undersigned for decision
pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket no. 117).
The Court heard oral argument on the motions on April 10, 2012.
This Court having reviewed the briefs and listened to oral argument, it is hereby ordered as
follows:
IT IS ORDERED that for the reasons stated on the record on April 10, 2012, WTUA’s
Motion to Quash and Motion for Protective Order with respect to Wade Trim Associates, Inc.’s First
and Second Discovery Requests to Western Townships Utilities Authority (docket no. 112) is
GRANTED IN PART.

Wade Trim’s First and Second Discovery Requests to WTUA

encompassing approximately 330 pages of requests and exhibits are hereby quashed.
IT IS FURTHER ORDERED that any future requests for admissions submitted by Wade
Trim to WTUA shall be limited to 25 in number, inclusive of all subparts, and shall comport in form
and substance with Fed. R. Civ. P. 36.
IT IS FURTHER ORDERED that Wade Trim’s Motion to Determine Objections
Insufficient and Deem Requests Admitted (docket no. 115) is DENIED for the reasons stated on the
record on April 10, 2012.
IT IS FURTHER ORDERED that WTUA’s request for costs and attorneys’ fees incurred
in bringing its Motion to Quash and for Protective Order and in defending against Wade Trim’s
Motion to Deem Requests Admitted is DENIED.

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NOTICE TO THE PARTIES
Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of
this Order within which to file any written appeal to the District Judge as may be permissible under
28 U.S.C. § 636(b)(1).
Dated: April 23, 2012

s/ Mona K. Majzoub
MONA K. MAJZOUB
UNITED STATES MAGISTRATE JUDGE

PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Counsel of Record on this date.

Dated: April 23, 2012

s/ Lisa C. Bartlett
Case Manager

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