Cohen et al v Jaffe Raitt Heuer & Weiss, P.C., et al

Filing 73

ORDER granting defendants' oral motion to amend final pretrial order to add comparative negligence defense. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NEAL COHEN, DAREN CHAFFEE, AND SSL ASSETS, LLC, Plaintiffs, Case No. 16-CV-11484 vs. HON. GEORGE CARAM STEEH JAFFE, RAITT, HEUER & WEISS, P.C., JEFFREY M. WEISS, LEE B. KELLERT AND DEBORAH L. BAUGHMAN, Defendants. _________________________________/ ORDER GRANTING DEFENDANTS’ ORAL MOTION TO AMEND FINAL PRETRIAL ORDER TO ADD COMPARATIVE NEGLIGENCE DEFENSE Defendants made an oral motion before the court on September 26, 2017 to amend the joint final pretrial order to include their affirmative defense of comparative negligence. Defendants explained that they did not intend to waive the defense, that it had been a part of their case since they filed their Answer, that it was addressed in depositions, and that it was included in their proposed jury instructions. In light of these circumstances, the court finds that plaintiffs cannot demonstrate any prejudice if defendants’ motion is granted. Now, therefore, -1- IT IS HEREBY ORDERED that defendants’ oral motion to amend the joint final pretrial order to include the affirmative defense of comparative negligence IS GRANTED. Dated: September 26, 2017 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on September 26, 2017, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk -2-

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