Pree v. National Union Fire Insurance Company of Pittsburgh, PA

Filing 29

ORDER Denying 25 Motion to Dismiss Without Prejudice and Taking Under Advisement Issue of Whether to Impose Sanctions Against Plaintiff's Counsel. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KAY PREE,
Plaintiff,

Case No. 15-cv-10999
Hon. Matthew F. Leitman

v.
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
Defendant.
__________________________________________________________________/
ORDER DENYING MOTION TO DISMISS WITHOUT PREJUDICE AND
TAKING UNDER ADVISEMENT ISSUE OF WHETHER TO IMPOSE
SANCTIONS AGAINST PLAINTIFF'S COUNSEL

On December 16, 2015, this Court entered an order requiring Plaintiff to
provide certain discovery responses within fourteen days.

Plaintiff failed to

comply with the order, and Defendant filed a motion to dismiss for failure to make
discovery. The Court held a telephonic hearing on the motion on February 3,
2015. During the hearing, counsel for Plaintiff assured the Court that Plaintiff has
now provided full responses as ordered by the Court. Despite the Court's serious
concerns about the repeated failure of Plaintiff's counsel to comply with orders of
this Court and with the rules governing practice in this Court, the Court DENIES
the motion to dismiss. Under these circumstances, the remedy of dismissal would
be too harsh to Plaintiff herself. However, the Court will reconsider whether to

dismiss the action if, through later discovery, it is revealed that, contrary to the
assurances of Plaintiff's counsel during the telephonic hearing, Plaintiff has not, as
of this date, provided the full discovery responses ordered by the Court. Finally,
the Court is taking under advisement and is continuing to consider whether to
impose a monetary sanction against Plaintiff's counsel for failing to provide
discovery and failing to comply with the Court's discovery orders.
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 3, 2016

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on February 3, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]