Smith v. The Food Bank of Eastern Michigan

Filing 55

ORDER Requiring Defendant., ( Defendant Response due by 12/23/2015 at 8:00am)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACEY SMITH,
Plaintiff,
Case No. 2:14-cv-13795
District Judge David M. Lawson
Magistrate Judge Anthony P. Patti

v.

THE FOOD BANK OF EASTERN
MICHIGAN,
Defendant.
___________________________________/
ORDER REQUIRING DEFENDANT TO PROVIDE PROOF OF SERVICE
OF ITS MOTION TO PLAINTIFF 21 DAYS PRIOR TO FILING ITS
MOTION FOR SANCTIONS
Defendant has filed a motion for sanctions. (DE 44.) In its motion,
Defendant states that, on November 3, 2015, it “provided Plaintiff with a copy of
this Motion and advised her that if she did not withdraw her request[s] . . .,
Defendant would seek sanctions pursuant to Rule 11 of the Federal Rules of Civil
Procedure.” (Id. at 6.) Defendant did not, however, provide an exhibit
demonstrating service of the motion on Plaintiff.
This matter is set for a hearing on December 23, 2015. To aid in the Court’s
review, Defendant is hereby ordered to provide evidence (e.g., the email sent to

Plaintiff on November 3, 2015) demonstrating that it complied with the “safe
harbor” provision of Rule 11(c)(2) on the Court’s docket ON OR BEFORE
DECEMBER 23, 2015 at 8:00 a.m.
IT IS SO ORDERED.

Dated: December 22, 2015

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

I hereby certify that a copy of the foregoing document was sent to parties of record
on December 22, 2015, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

2