Wong et al v. Detroit Entertainment et al

Filing 59

ORDER Requiring Supplemental Briefing as to 47 MOTION in Limine: (Supplemental Briefs due by 3/28/2016.) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JENNY WONG and
MICHAEL CHUNG
Plaintiffs,

Case No. 14-cv-13798
Hon. Matthew F. Leitman

v.
DETROIT ENTERTAINMENT,
LLC et al.
Defendants.
_________________________________/

ORDER REQUIRING SUPPLEMENTAL BRIEFING
In this action, Plaintiffs Jenny Wong (“Wong”) and Michael Chung
(collectively, “Plaintiffs”) assert several claims that have as an element that the
Defendants acted without probable cause to believe that Wong committed a crime.
These claims include false arrest and malicious prosecution (both of which are
asserted under state and federal law). (See Sec. Am. Compl., ECF #55 at Counts III
and IV, ¶¶ 68 – 85.)
On January 22, 2016, Plaintiffs filed a motion in limine in which they seek
to exclude certain testimony related to the surveillance tapes of the alleged theft
(the “Motion”). (See ECF #47.)

The Court has reviewed the Motion and

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Defendants’ responses (see ECF ## 56-58), and it has concluded that it would
benefit from supplemental briefing from both parties on the following questions:
 With respect to the probable cause element of counts three and four of the
Second Amended Complaint (Plaintiffs’ false arrest and malicious
prosecution claims), who decides whether the Defendants acted with or
without probable cause, the Court or the jury? And if the Court decides,
does it make that decision prior to trial or following the presentation of
proofs at trial?
The parties are to analyze these questions separately under both state and federal
law, and are to provide the Court the most appropriate and relevant authorities that
support their positions. The parties shall file their supplemental briefs by no later
than March 28, 2016. The supplemental briefs shall not exceed ten pages.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 15, 2016
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 15, 2016, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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