DOE 1 et al v. Michigan Department of Corrections et al

Filing 196

ORDER Governing Motion for Summary Judgement. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN DOES 1-12,
Plaintiffs,
v.

Case No. 13-14356

MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendant.
/
ORDER GOVERNING MOTION FOR SUMMARY JUDGMENT
Before the court is Defendant’s Motion for Summary Judgment against Plaintiffs
John Does 8, 9, 10, and 12, filed on July 5, 2016. (Dkt. # 12.) 21 days are allowed for a
response to a dispositive motion. See E.D. Mich. L.R. 7.1(e)(1)(B). The court entered an
agreed order extending the 21 day deadline to August 24, 2016. Six weeks have passed
since the extended deadline expired, and Plaintiffs have not yet responded. The motion
includes the required notation of “communicat[ion] with opposing
counsel . . . explaining the nature of the relief to be sought by way of this motion and
seeking concurrence . . .” which “was denied.” (Dkt. # 12.).
The Motion for Summary Judgment and its supporting brief appear to be well
supported in fact and law, and the court is inclined to grant it for the reasons stated
therein. Plaintiffs’ present silence appears to be a concession that their earlier denial of
concurrence was ill founded. The court is prepared to interpret Plaintiffs’ silence as
concurrence.

Moreover, pursuant to Eastern District of Michigan L.R. 41.2, when a plaintiff has
taken no action for a reasonable time and no good cause therefore is apparent, the
court may enter an order of dismissal for that reason alone.
IT IS ORDERED that if Plaintiffs John Does 8, 9, 10, and 12 do not respond to
Defendant’s Motion for Summary Judgment by October 12, 2016, at 12:00 p.m., they
will be deemed to have concurred, and Defendant’s Motion for Summary Judgment will
be granted for the reasons stated therein.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 7, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 7, 2016, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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