Annabel v. Heyns et al

Filing 124

ORDER REQUIRING SUPPLEMENTAL BRIEFING., ( Defendant shall file a supplemental brief by 5/13/2016, Plaintiff shall file a Response by 5/27/2016)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANNABEL,
Plaintiff,
v.

Case No. 2:12-cv-13590
District Judge Sean F. Cox
Magistrate Judge Anthony P. Patti

DANIEL HEYNS, et al.,
Defendants.
___________________________________/
ORDER REQUIRING SUPPLEMENTAL BRIEFING
This case was referred to Magistrate Judge Komives for all pretrial matters
on August 23, 2012, and was reassigned to me on January 13, 2015. Defendant
Surjit Dinsa filed a motion for summary judgment in this action on September 16,
2015, along with a motion to seal an exhibit. (DE 112 and 115.) The Court
granted Defendant’s motion to seal on September 21, 2015, and allowed Defendant
to file an excerpt of Plaintiff’s medical records under seal as Exhibit 1. (DE 114.)
Plaintiff responded to the motion for summary judgment on October 26, 2015, and
Defendant filed an untimely reply on February 4, 2016. (DE 118 and 121.)
As part of Plaintiff’s response in opposition to the summary judgment
motion, he questions the authenticity of the medical records provided in Exhibit 1,
and asserts that the documents contain false information that was added in
anticipation of litigation on this issue. (See, e.g., DE 118 at 10.) The briefing as it

stands does not provide me with enough information to make a decision on this
issue. Accordingly, in lieu of holding an evidentiary hearing,1 I will allow the
parties to submit supplemental briefing on this limited issue. Accordingly,
Defendant shall file a supplemental brief addressing only the authenticity of the
medical records ON OR BEFORE MAY 13, 2016. Plaintiff shall file a response
ON OR BEFORE MAY 27, 2016. The briefs shall be limited to no more than
three pages, not inclusive of any necessary supporting affidavits or declarations.
IT IS SO ORDERED.

Dated: February 13, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the forgoing document was sent to parties of record
on April 28, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

1

A magistrate judge may hold an evidentiary hearing on a motion for summary
judgment that he or she has been referred. See, e.g, Chrimar Sys., Inc. v. Foundary
Networks, Inc., No. Civ.A. 06-13936, 2012 WL 3138112, at *6 (E.D. Mich. Aug.
1, 2012), report and recommendation adopted, 2012 WL 3133897, aff’d, 501 F.
App’x 977 (Fed. Cir. 2013).

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