Wright v. Sperling et al

Filing 54

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

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

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