Anderson v. True et al

Filing 60

ORDER OVERRULING PLAINTIFF'S OBJECTION 55 TO MAGISTRATE JUDGE DAVID R. GRAND'S ORDER GRANTING DEFENDANTS PERMISSION TO EXCEED PAGE LIMIT. Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEXTER ANDERSON,
Plaintiff,

Case No. 15-cv-11703

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

B. TRUE, ARDETTA MOODY,
MATTHEW BURNETT, and
ANDRE MCCLATCHEY,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendants.
/
ORDER OVERRULING PLAINTIFF’S OBJECTION [55] TO MAGISTRATE JUDGE
DAVID R. GRAND’S ORDER GRANTING DEFENDANTS PERMISSION TO EXCEED
PAGE LIMIT
On June 1, 2016, Defendants filed an Ex Parte Motion to Exceed Page Limit
for their Motion for Summary Judgment. See Dkt. No. 45. On June 2, 2016,
Magistrate Judge David R. Grand granted the Motion. See Dkt. 48. Before the
Court is Plaintiff’s Objection [55] to Magistrate Judge David R. Grand’s Order.
“A district court shall consider objections to a magistrate judge’s nondispositive orders, and shall modify or set aside any portion of the orders found to
be clearly erroneous or contrary to law.” Wendorf v. JLG Indus., Inc., No. 08-CV12229, 2010 WL 148255, at *1 (E.D. Mich. Jan. 11, 2010) (citing Fed. R. Civ. P.
72(a); 28 U.S.C. § 636(b)(1)(A)). “A ruling is clearly erroneous if, upon review of

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the record, the district court is left with a definite and firm conviction that a
mistake has been made.” Id.
Under this Court’s Local Rules, a page limit may be extended upon leave of
the Court. See E.D. Mich. L.R. 7.1(d)(3)(A). In the present case, the Defendants
filed an Ex Parte Motion setting forth their reasons for needing a page limit
extension. Among those reasons, Defendants listed that they are moving to dismiss
Plaintiff’s case on seven different grounds, and that the case is relatively fact
intensive. Dkt. No. 45 at 2 (Pg. ID No. 447). Magistrate Judge Grand found
Defendants’ reasons sufficient to grant leave. This decision was not “clearly
erroneous or contrary to law.” Accordingly, Plaintiff’s Objection fails.
For

the

reasons

discussed

above,

Plaintiff’s

Objection

[55]

OVERRULED.
IT IS SO ORDERED.
Dated: June 29, 2016
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

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is