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)

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

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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

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