Bazzy Investments v. City of Dearborn et al

Filing 44

ORDER finding as moot 32 Motion to Compel; granting 34 Motion to Compel; granting 36 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BAZZY INVESTMENTS,
Plaintiff
v.

Case No. 2:16-CV-10879
District Judge Nancy G. Edmunds
Magistrate Judge Anthony P. Patti

CITY OF DEARBORN, et al.,
Defendants.
___________________________________/
ORDER ADDRESSING PLAINTIFF’S MOTIONS TO COMPEL
(DEs 32, 34 and 36)
Pursuant to the Court’s June 1, 2017 scheduling order, discovery in this case
concluded on October 1, 2017. (DE 28.) This matter is before the Court for
consideration of Plaintiff’s above-described September and October 2017
discovery motions and the related responses. (DEs 32, 34, 36, 39 & 40.) Judge
Edmunds referred these motions to me for hearing and determination, and a
hearing was noticed for November 27, 2017.
On the date set for hearing, attorneys Alexander V. Lyzohub and Laurie M.
Ellerbrake appeared in my courtroom. Not having complied with the
Undersigned’s “Discovery” and “Motion Practice” guidelines, counsel were
directed to meet and confer in my jury room. Thereafter, I entertained oral
argument.

For the reasons stated from the bench, all of which are incorporated herein
by reference, Plaintiff’s October 4, 2017 motion to compel discovery of Plaintiff’s
first interrogatories to Defendants and Plaintiff’s first request to produce
documents and tangible things, or to enter onto land under Rule 34 (DE 36) is
GRANTED. No later than Thursday, January 4, 2018, Defendants shall serve
upon Plaintiff answers and responses to these September 1, 2017 discovery
requests. Any objections were waived by Defendant’s failure to file timely
answers and responses, Fed. Rules Civ. P. 33(b)(2) and 34(b)(2)(A), although
defense counsel also indicated on the record that Defendants would provide
answers and responses without objection.
Moreover, Plaintiff’s September 29, 2017 motion to compel discovery
depositions of five individual defendants and two defendant city personnel and to
enlarge Plaintiff’s time for discovery (DE 32) is DENIED AS MOOT. Plaintiff’s
same-day first amended motion to compel discovery depositions of five individual
defendants and two defendant city personnel and to enlarge plaintiff’s time for
discovery (with exhibits) (DE 34) is GRANTED. Defendants’ attorneys, who
confirm that they will be representing each of these deponents, shall make Stephen
Gedert, Glen Green, Kenneth Gusfa, Gerald Stockwell, and Chris Sickle, and
Defendants' representatives Mayor O'Reilly and Councilman Sareini available for
deposition on or before January 25, 2017. Defendants will provide for Mayor
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O'Reilly’s deposition during normal business hours and will make their best efforts
for the other deponents to be deposed during the daytime, particularly where the
deponent is a full-time employee of the City of Dearborn; however, if necessary,
such depositions may occur between the hours of 5 p.m. and 10 p.m. The parties
are to make their best efforts to mutually agree upon the times, dates and locations
of these depositions; however, while not advisable but if necessary, the parties may
request a conference call through my chambers, at which time the Court will
choose the dates, times and locations for the parties.
Finally, no costs are awarded. Although Plaintiff prevailed in large part on
the instant motions, Defendants’ October 16, 2017 responses thereto are at least
somewhat understandable, given Plaintiff’s counsel’s September 29, 2017
representation that he had been terminated by his client. (See DE 33 ¶ 3a.)
Moreover, as outlined above, counsel for the parties failed to comply with the
Undersigned’s “Motion Practice” guidelines, namely by failing “to continue to
discuss resolution of their dispute after the motion is filed[,]” failing “to meet and
confer face-to-face; i.e., in person, in advance of the hearing,” and, failing to file a
“Statement of Resolved and Unresolved Issues” prior to coming to Court. See
www.mied.uscourts.gov. As such, “circumstances make an award of expenses
unjust.” Fed. R. Civ. P. 37(a)(5)(B).

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IT IS SO ORDERED.

Dated: November 27, 2017

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on November 27, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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