Bennett v. MDOC et al

Filing 156

ORDER (1) Granting Plaintiff's 153 Motion to File Supplemental Brief and (2) Granting Defendants' Leave to File a Response to Plaintiff's Supplemental Brief. Signed by District Judge Matthew F. Leitman. (HMon)

Case 2:15-cv-14465-MFL-RSW ECF No. 156 filed 05/19/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CARL BENNETT #298713,
Plaintiff,

Case No. 15-cv-14465
Hon. Matthew F. Leitman

v.
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
__________________________________________________________________/
ORDER (1) GRANTING PLAINTIFF’S MOTION TO FILE
SUPPLEMENTAL BRIEF (ECF No. 153) AND (2) GRANTING
DEFENDANTS’ LEAVE TO FILE A RESPONSE TO PLAINTIFF’S
SUPPLEMENTAL BRIEF
This action is a civil rights suit brought by Plaintiff Carl Bennett, a former
prisoner who was incarcerated in the Michigan Department of Corrections. (See
Fourth Am. Compl., ECF No. 121.) On September 26, 2019, a group of Defendants
known as the “Corizon Defendants” moved for summary judgment. (See Mot., ECF
No. 127.) Bennett filed a response to the motion on March 26, 2020. (See Resp. Br.,
ECF No. 142.)
On May 14, 2020, Bennett filed a motion with the Court to file a revised brief
opposing the Corizon Defendants’ summary judgment motion. (See Mot., ECF No.
153.) Bennett explained that due to an “oversight,” his initial opposition brief did
not address all of the arguments that the Corizon Defendants had raised in their
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motion. (See id.) The Corizon Defendants oppose Bennett’s request. (See Br., ECF
No. 154.)
The Court has reviewed Bennett’s motion and the Corizon Defendants’
response. In order to ensure that there is a full presentation of all of the issues in
dispute between the parties, the Court will GRANT Bennett’s motion to file his
revised brief. In addition, so that the Court has a complete understanding of both
parties’ positions, the Court will also grant the Corizon Defendants leave to file a
supplemental brief, of up to 10 pages, to respond to Bennett’s revised opposition
brief.
Accordingly, for all of the reasons stated above, Bennett’s motion to file a
revised brief opposing the Corizon Defendants’ summary judgment motion (ECF
No. 153) is GRANTED. Bennett shall file with the Court the revised brief attached
as Exhibit A to his motion by no later than May 22, 2020. The Corizon Defendants
may file a supplemental brief addressing Bennett’s revised response, of no more than
10 pages, by no later than June 12, 2020.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 19, 2020

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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 May 19, 2020, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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