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)

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
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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

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