McKinney v. Corizon Health, Inc. et al

Filing 34

ORDER granting in part and denying in part, and taken Under Advisement in Part 28 Motion to Compel; granting in part and Taken Under Advisement in Part 32 Motion to Compel, Signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TYRA S. McKINNEY,
Plaintiff,

No. 13-11456

v.

District Judge Gerald E. Rosen
Magistrate Judge R. Steven Whalen

CORIZON HEALTH, INC., ET AL.,
Defendants.
/
ORDER
The parties have filed the following motions: (1) Plaintiff’s Motion to Compel
Answers to Interrogatories and Document Requests, Issue Protective Order Against the
Taking of Plaintiff’s Deposition, and Extend Discovery Period [Doc. #28]; and (2)
Defendants Motion to Compel Discovery [Doc. #32]. On December 3, 2013, the Court
held a telephonic conference with the attorneys, and certain issues raised in these motions
were resolved. This Order reflects the issues that were resolved. Oral argument will be
granted on the unresolved issues. Accordingly, Plaintiff’s motion [Doc. #28] is
GRANTED IN PART, DENIED IN PART, AND TAKEN UNDER ADVISEMENT IN
PART, and Defendants’ motion [Doc. #32] is GRANTED IN PART AND TAKEN
UNDER ADVISEMENT IN PART, as follows:
(1) Within one day of the date of this Order, Plaintiff will reformulate her
document requests to include records, notes, correspondence (including email
correspondence), memoranda and other documents in Defendants’ possession relating to
Plaintiff’s performance review, including the decision to place her on a performance
improvement plan and the decision to terminate her employment.
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(2) Within seven days of receipt of Plaintiff’s request, Defendants shall produce all
responsive documents.
(3) Discovery cut-off is extended to February 3, 2014
(4) Plaintiff’s request for a protective order against taking her deposition is
DENIED. Plaintiff’s deposition, as well as the depositions of any other witnesses for
either the Plaintiff or the Defendants, will be held before the discovery cut-off date.
(5) All unresolved issues in these motions are TAKEN UNDER ADVISEMENT,
and will be presented at oral argument before the Hon. R. Steven Whalen, to be held at
the following date and time:
December 17, 2013 @ 10:00 a.m.
Courtroom 662, Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd.
Detroit, MI 48226
Counsel for the parties shall meet and confer face-to-face in advance of the
hearing, pursuant to E.D. Mich. Local Rule 37.1, in a good-faith attempt to resolve the
remaining issues. If all disputed issues are resolved, the parties shall submit to the
Magistrate Judge a stipulation and proposed order disposing of the motions. If any
unresolved issues remain, the parties shall file a Joint List of Unresolved Issues no later
than December 13, 2013. The Joint List of Unresolved Issues must be filed
electronically. The Joint List of Unresolved Issues shall enumerate and state, in a succinct
fashion, the respective positions of each party on every issue that remains in dispute. The
Joint List shall not exceed ten (10) pages, and must be signed by all parties to the dispute,
or their attorneys. No exhibits or attachments shall be filed with the Joint List.

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IT IS SO ORDERED.
Dated: December 3, 2013

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

I hereby certify the foregoing document was sent to parties of record on December 3,
2013, electronically and/or by U.S. mail.
s/Michael Williams
Case Manager to the
Honorable R. Steven Whalen

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