Keathley v. Grange Insurance Company of Michigan

Filing 43

ORDER granting in part and denying in part 8 Motion to Compel and granting in part and denying in part 16 Second Motion to Compel - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TIMIKA KEATHLEY,
Plaintiff,

CIVIL ACTION NO. 15-cv-11888

v.

DISTRICT JUDGE PAUL D. BORMAN

GRANGE INSURANCE
COMPANY OF MICHIGAN,

MAGISTRATE JUDGE MONA K. MAJZOUB

Defendant.
____________________________/
ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFF’S FIRST MOTION TO COMPEL [8] AND GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S SECOND MOTION TO COMPEL [16]
On June 30, 2016, at 10:00 a.m., the Court held a hearing on Plaintiff Timika Keathley’s
first and second Motions to Compel [8][16], at which the Court addressed the parties’ unresolved
issues as stated in their March 7, 2016 and April 1, 2016 Joint Statements of Resolved and
Unresolved Issues [20][25]. Also at the hearing, Defendant indicated its intent to withdraw its
Motion to Extend the Deadline for Fact Discovery [21]. For the reasons stated on the record, IT
IS ORDERED that Plaintiff’s first Motion to Compel [8] is GRANTED IN PART AND
DENIED IN PART as follows:
a. Plaintiff’s first Motion to Compel, with regard to the unresolved issue of Defendant’s
alleged failure to properly search for responsive documents, is GRANTED IN PART.
Within fourteen (14) days of this Order, Defendant will either file an affidavit stating that
it has produced all responsive documents within its custody, possession, or control and
that the production is complete, or augment its production to include all responsive
documents.

b. Plaintiff’s first Motion to Compel, with regard to the second unresolved issue of
Defendant’s improper assertion of privilege, is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s second Motion to Compel [16] with regard to
the unresolved issue of Defendant’s refusal to provide the home addresses of certain current and
former employees is GRANTED IN PART AND DENIED IN PART. Within fourteen (14)
days of this Order, Defendant will confirm and provide verification to Plaintiff that it has control
over and will produce Jason May, Brian Maxwell, Erik Hobson, and Jeanne Strick for trial. If
Defendant does not have the requisite control over any of these witnesses, Defendant will
provide the contact information for each such witness to Plaintiff.

NOTICE TO THE PARTIES
Pursuant to Federal Rule of Civil Procedure 72(a), the parties have a period of fourteen
days from the date of this Order within which to file any written appeal to the District Judge as
may be permissible under 28 U.S.C. § 636(b)(1).

Dated: June 30, 2016

s/ Mona K. Majzoub
MONA K. MAJZOUB
UNITED STATES MAGISTRATE JUDGE

PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Counsel of Record on this date.
Dated: June 30, 2016

s/ Lisa C. Bartlett
Case Manager

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