Wright v. Sperling et al

Filing 54

ORDER Denying Plaintiff's 47 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DOUGLAS WRIGHT, Plaintiff v. Case No. 2:16-CV-12113 District Judge Marianne O. Battani Magistrate Judge Anthony P. Patti KYLE SPERLING, BETSY SPREEMAN, KEITH PAPENDICK, STEVEN BERGMAN and CORIZON HEALTH, INC., Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION TO COMPEL DEFENDANT CORIZON’S PRODUCTION OF RECORDS (DE 47) This matter is before the Court for consideration of the above-described motion, regarding which a response, a reply and a joint statement of resolved and unresolved issues have been filed. (DEs 47, 51-53.) Judge Battani referred this motion to me for hearing and determination, and a hearing was noticed for November 22, 2017. (DEs 48-49.) On the date set for hearing, attorneys Thomas E. Kuhn, Michael R. Dean and John C. Cardello appeared in my courtroom, and I entertained oral argument. For the reasons stated from the bench, all of which are incorporated herein by reference, the Corizon Defendants’ August 25, 2017 objection to Request No. 4 (see DE 47-1 at 5) is SUSTAINED, and Plaintiff’s motion (DE 47) is DENIED. No costs are awarded, as “the motion was substantially justified or other circumstances make an award of expenses unjust.” Fed. R. Civ. P. 37(a)(5)(B). 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 2

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