Anderson et al v. Otis Elevator Company

Filing 53

ORDER granting 40 Motion to Compel; and 45 Motion for Leave to Exceed. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RAYMOND ANDERSON, RALPH BROWN,
EARL LARDNER, JAMES LARDNER, ANTON
WOLF and RICHARD WRIGHT,
Plaintiffs,
Case No. 11-cv-10200
Hon. Paul D. Borman
Magistrate Judge Mark A Randon

-vsOTIS ELEVATOR COMPANY,
a foreign Corporation,
Defendant.

ORDER GRANTING PLAINTIFFS’ THIRD MOTION TO COMPEL AND
PLAINTIFFS’ MOTION FOR LEAVE TO EXCEED THE TEN DEPOSITION
LIMITATION OF FEDERAL RULE OF CIVIL PROCEDURE 30
This cause having come on to be heard by the Court on Plaintiffs’ Third Motion to
Compel and Plaintiffs’ Motion for Leave to Exceed the Ten Deposition Limitation of
Federal Rule of Civil Procedure 30, the parties having filed briefs and oral argument
having been heard, the motions are granted as follows:
Defendant shall answer Plaintiffs’ Fourth Request for Production Number 1 and 3
by supplementing their response with the monthly reports referenced on the record,
subject to redaction. Defendant shall produce a declaration indicating that there are no
additional responsive documents beyond the production of the monthly reports.
Defendant shall produce a declaration or declarations from an employee or
employees of Defendant who will state that inquiry has been made and that there are no
facts which would indicate that UTC, or any of its employees, was in any way involved
in the decisions to make a reduction in force vis a vis the Plaintiffs; and that a search
was conducted and that there are no further responsive documents, other than what
Defendant has previously produced, relative to Plaintiffs’ Fourth Request for Production

Number 7.
Defendant shall provide the date of birth and race of Howerter.
Defendants shall comply with the requirements of this order by March 7, 2012.
Plaintiffs’ Motion for Leave to Exceed the Ten Deposition Limitation of Federal
Rule of Civil Procedure 30 is granted. Plaintiff may be allowed the deposition of John
Mosella, Defendants’ expert witness(es), and one additional deposition, if necessary.

s/Mark A. Randon
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Dated: February 15, 2012
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this
date, February 15, 2012, by electronic and/or ordinary mail.
S/Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon

Approved as to form only
By: /s/ Darcie R. Brault
Darcie R. Brault (P43864)
DIB, FAGAN AND BRAULT, P.C.
Attorney for Plaintiffs
25892 Woodward Avenue
Royal Oak, MI 48067-0910
[phone]
[e-mail]
By: /s/ Lisa C. Walinske w/ consent
Lisa C. Walinske (P62136)
CARDELLI, LANFEAR & BUIKEMA, P.C.
Attorneys for Defendant
322 W. Lincoln
Royal Oak, MI 48067
[phone]
[e-mail]