Satchel et al v. Dayton Township et al

Filing 43

ORDER Allowing Filing of Amended Complaint and Amended Affirmative Defenses re 33 Motion to Amend/Correct; and Denying Without Prejudice 37 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION James Satchel, et al., Plaintiffs, v. Civil Action No. 16-11518 Dayton Township, et al., Sean F. Cox United States District Court Judge Defendants. _______________________________/ ORDER ALLOWING FILING OF AMENDED COMPLAINT AND AMENDED AFFIRMATIVE DEFENSES AND DENYING SUMMARY JUDGMENT MOTION WITHOUT PREJUDICE As agreed to by the parties, on the record on this date, the Court hereby ORDERS that: 1) No later than August 15, 2017, Plaintiffs may file an amended complaint, in order to amend the allegations concerning the statute that the conspiracy claims are based upon; 2) No later than August 15, 2017, Defendants may file amended affirmative defenses, in order to state the affirmative defense of legislative immunity; 3) If they wish to do so, Plaintiffs may serve interrogatories, limited to the newlyasserted affirmative defense of legislative immunity, within twenty-one (21) days of this order; 4) If they wish to do so, Plaintiffs may depose Defendants within sixty (60) days of this order, and such depositions shall be limited to the newly-asserted affirmative defense of legislative immunity. The Court further ORDERS that Defendant’s Motion for Summary Judgment, filed on 1 March 24, 2017 (Docket Entry No. 37) , is DENIED WITHOUT PREJUDICE. Within ninety (90) days of this Order, Defendants may file a new summary judgment motion. The Court further advises both parties that any future motions and responses pertaining to qualified immunity must address each Defendant separately and include an analysis on a claim-by-claim basis. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: August 8, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 8, 2017, by electronic and/or ordinary mail. s/Jennifer McCoy Case Manager 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?