McCallum v. Hilton Worldwide Holdings, Inc., d/b/a Hilton Hotels et al

Filing 66

[CORRECTED] ORDER DENYING AS MOOT IN PART AND GRANTING IN PART DEFENDANTS' 41 MOTION to Compel Discovery and Adjourn Scheduling Order filed by Ashford Hospitality Trust, Inc., Ashford Hospitality Limited Partnership, Hilton Worldwide Holdings, Inc., d/b/a Hilton Hotels, Hilton Parsippany Crestline Hotels Resort, Inc., Ashford OP General Partner, LLC --Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANNE MCCALLUM,
Plaintiff,
v.

Case No. 2:16-cv-11452
District Judge Gershwin A. Drain
Magistrate Judge Anthony P. Patti

HILTON WORLDWIDE HOLDINGS,
INC., et al.,
Defendants.
___________________________________/
CORRECTED ORDER DENYING AS MOOT IN PART AND GRANTING
IN PART DEFENDANTS’ MOTION TO COMPEL OUTSTANDING
DISCOVERY RESPONSES AND TO AMEND SCHEDULING ORDER TO
ALLOW FURTHER DISCOVERY (DE 41)
Plaintiff filed this premises liability lawsuit on April 22, 2016, based on the
alleged events of April 27, 2014. Currently pending before the Court are several
motions, two of which have been referred to me for hearing and determination:


Defendants’ July 20, 2017 motion to compel outstanding
discovery responses from Plaintiff and to amend scheduling
order to allow further discovery, regarding which a response
and reply have been filed (DEs 41, 48, 50)



Defendants’ motion to set aside notice that requests for
admissions are deemed admitted and to allow for amended
responses, regarding which a response and reply have been filed
(DEs 42, 52, 57)

A hearing was held on August 22, 2017, at which attorneys Henry B. Cooney and
Allison D. Lazette appeared. The parties informed the Court that they had resolved

most aspects of the earlier-filed motion, except as addressed below. In addition,
the parties represented that Plaintiff would produce initial disclosures within seven
(7) to ten (10) days and that they would like for discovery to continue through the
settlement conference date.
Having found that Plaintiff was required to provide Fed. R. Civ. P. 26(a)
initial disclosures (see, e.g., DE 20 and Judge Drain’s Practice Guidelines), having
observed that the discovery deadline passed on July 14, 2017, and having chosen
October 19, 2017 as the rescheduled settlement conference date, the Court instructs
that: (a) Plaintiff shall provide her Rule 26(a) initial disclosures on or before
September 1, 2017; and, (b) discovery will remain open through October 18,
2017, the day before the settlement conference.
Accordingly, Defendants’ motion (DE 41) is GRANTED as to these
requests and is otherwise DENIED AS MOOT. Defendants’ remaining July 20,
2017 motion (DE 42) will be addressed under separate cover, based upon a further
stipulation which was placed on the record.
IT IS SO ORDERED.

Dated: August 28, 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 28, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

3