Dorman v. Clinton, Township of

Filing 59

ORDER on Motion Hearing. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL DORMAN, et al.,
Plaintiffs,

Case No. 15-cv-12552
Hon. Matthew F. Leitman

v.
TOWNSHIP OF CLINTON,
Defendant.
_________________________________/
ORDER ON MOTION HEARING
On June 26, 2018, the Court held a hearing on two motions: Plaintiffs’
renewed motion to compel certain discovery (ECF #48) and Plaintiffs’ motion for
partial summary judgment (ECF #49). Defendant has also filed a motion for
summary judgment. (See ECF #58.) That motion is not fully briefed.
For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED
as follows:
 Plaintiffs’ renewed motion to compel discovery (ECF #48) is GRANTED IN
PART AND DENIED IN PART as follows: Plaintiffs may take the
depositions of the six city officials identified in their renewed motion to
compel. (See id. at ¶7, Pg. ID 1232.) With respect to questions related to the
decision to deny Plaintiffs a Special Use Permit, Plaintiffs may inquire “only
about objective manifestations of the decisionmaking process. For example,
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[Plaintiffs] may ask the [township officials] about what they said to others
about [Plaintiffs and issues related to their request for a Special Use Permit],
what they heard, what they read, what they were told, and so forth. The Court
will not [at this time], allow [Plaintiffs] to inquire as to the [township
officials’] subjective uncommunicated thoughts.” North Pacifica, LLC v. City
of Pacifica, 274 F.Supp.2d 1118, 1125 (N.D. Cal. 2003).
 Plaintiffs’ motion for partial summary judgment (ECF #49) is DENIED
WITHOUT PREJUDICE;
 Defendant’s motion for summary judgment (ECF #58) is DENIED
WITHOUT PREJUDICE; and
 Discovery is re-opened for a period of 90 days from the date of this Order.
All discovery must be completed by the end of this time period. Both parties
may file new motions for summary judgment at the completion of this
additional period of discovery.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 26, 2018

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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on June 26, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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