Holmes v. Romulus, City of et al

Filing 43

ORDER GRANTING AS Unopposed Defendants' 40 Motion for Protective Order--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LORRAINE HOLMES, Plaintiff, v. Case No. 2:16-cv-10610 Judge Denise Page Hood Magistrate Judge Anthony P. Patti CITY OF ROMULUS and DAVID BROOKS, Defendants. _________________________/ ORDER GRANTING AS UNOPPOSED DEFENDANTS’ MOTION FOR PROTECTIVE ORDER (DE 40) and CANCELLING HEARING NOTICED FOR AUGUST 22, 2017 (DE 42) The facts underlying Plaintiff’s first amended complaint stem from the alleged events of February 2013. (DE 7 ¶¶ 8-53.) Currently before the Court is Defendants City of Romulus and David Brooks’s July 18, 2017 motion for protective order. (DE 40). Chief Judge Hood referred this motion to me on July 21, 2017, and a hearing was noticed for August 22, 2017. (DEs 41, 42.) “A respondent opposing a motion must file a response, including a brief and supporting documents then available.” E.D. Mich. LR 7.1(c)(1). “A response to a nondispositive motion must be filed within 14 days after service of the motion.” E.D. Mich. LR 7.1(e)(2)(B). Thus, in the absence of a scheduling order stating otherwise, Plaintiff’s response to Defendants’ July 18, 2017 motion would have been due on or about Friday, August 4, 2017. See Fed. R. Civ. P. 6(a), 6(d). To date, Plaintiff has not filed a response. Accordingly, Plaintiff’s motion for protective order (DE 40) is GRANTED AS UNOPPOSED. Specifically, Defendants and Defendants’ current and former employees and/or agents need not produce: (1) documents, information and testimony pertaining to incidents and/or personnel matters involving Defendant Brooks that occurred after February 19, 2013 that are not related to Plaintiff or to Brooks’ encounter with Plaintiff on that date, (2) personnel file and non-relevant and/or privileged personnel information regarding Defendant Brooks, (3) personnel files and non-relevant and/or privileged personnel information regarding non-party employees of Defendant City of Romulus, and (4) LEIN information contained within Defendant City of Romulus police files. In addition, the hearing noticed for August 22, 2017 (DE 42) is CANCELLED. IT IS SO ORDERED. Dated: August 21, 2017   s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE 2 Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on August 21, 2017, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti     3

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